Define: Gestational Carrier

Gestational Carrier
Gestational Carrier
Quick Summary of Gestational Carrier

A gestational carrier is a woman who carries a baby for another person, distinct from the biological birth mother. The gestational carrier is not genetically related to the baby but carries it in her womb until birth, also known as gestational surrogacy.

Full Definition Of Gestational Carrier

A gestational carrier, also known as a surrogate, is a woman who carries and delivers a baby on behalf of another person or couple. The baby is not genetically related to the gestational carrier, as the embryo is created using the eggs and sperm of the intended parents or donors. For instance, Sarah and John are unable to conceive a child due to medical reasons. They opt to use a gestational carrier named Emily, who becomes pregnant through in vitro fertilization (IVF) using Sarah’s egg and John’s sperm. Once the baby is born, Emily relinquishes custody to Sarah and John, who raise the child as their own. This example highlights how a gestational carrier can assist individuals or couples who are unable to conceive naturally. It also emphasizes that the baby is genetically linked to the intended parents or donors, rather than the gestational carrier.

Gestational Carrier FAQ'S

A gestational carrier is a woman who carries a pregnancy for another person or couple, using their own egg or a donated egg, and is not genetically related to the child.

No, a surrogate is a woman who carries a pregnancy using her own egg and is genetically related to the child. A gestational carrier does not use her own egg and is not genetically related to the child.

Yes, using a gestational carrier is legal in most states in the United States, but the laws vary by state.

Anyone who is unable to carry a pregnancy themselves, including same-sex couples, single individuals, and couples struggling with infertility.

A gestational carrier can be a friend or family member, or can be found through a surrogacy agency. The intended parents and the gestational carrier must go through a screening process to ensure they are a good match.

The intended parents are legally responsible for the child, even if they are not genetically related to the child.

A gestational carrier agreement is needed to outline the rights and responsibilities of all parties involved, including the intended parents, the gestational carrier, and any egg or sperm donors.

In most cases, no. The gestational carrier agreement should outline that the gestational carrier has no legal rights to the child and cannot change her mind.

The gestational carrier agreement should outline how any medical expenses or care for the child will be handled.

Yes, a gestational carrier can be compensated for her services, but the laws regarding compensation vary by state. It is important to consult with a lawyer to ensure all legal requirements are met.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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