ABSTRACT

Surrogacy, often referred to as contracted motherhood or gestational motherhood, ordinarily comes into play when the female member of a married couple is infertile or, if fertile, unable or unwilling to carry a child to term. 1 If the woman has no eggs, she and her husband may decide to seek the services of a so-called partial surrogate. In cases of partial surrogacy, the surrogate mother agrees (1) to be artificially inseminated with the sperm of a man who is not her husband; (2) to carry the subsequent pregnancy to term for a fee (commercial surrogacy) or out of generosity (gift surrogacy); and (3) to relinquish the resulting child to the man and his wife to rear. Conversely, if the woman has eggs but is unable or unwilling to carry a child to term, she and her husband may decide to seek the services of a so-called full surrogate. In cases of full surrogacy, the surrogate mother is not genetically related to the child she carries but, instead, gestates the in-vitro fertilized embryo of the couple who has commissioned her services. 2