Frequently Asked Questions
Here we provide answers to some of the most frequently asked questions about the different concepts of surrogacy.
Frequently asked questions about
Medical questions
of surrogacy
What does surrogate mother mean?
Surrogacy and pregnancy by surrogacy. Is it correct to ask what a surrogate mother is? Surrogacy occurs when a woman carries a pregnancy by surrogacy and gives birth to a baby that genetically and legally belongs to another parent.
The surrogate mother in a surrogacy process is, therefore, the woman who, by mutual agreement with a person or couple who will be the intended parents, agrees to have the previously conceived embryo transferred into her uterus through Assisted Reproduction, in order to become pregnant with said embryo, gestated to term, and give birth in substitution for the aforementioned intended parents. The term “surrogate mother” is used as a derogatory term for the woman who undergoes the surrogacy process.
The correct term is “gestant,” which is the woman who carries a surrogate pregnancy in place of parents who are unable to carry a pregnancy. Gametes can originate from the intended parents and/or third parties. The terms “surrogate mother” or “womb” are derogatory and incorrect terms for the process of surrogacy, a process in which a woman carries out a pregnancy through surrogacy and gives birth to a baby who, genetically and legally, is the child of another parent.
A surrogate mother is, therefore, the woman who, by mutual agreement with a person or couple, who will be the intended parents, agrees to participate in assisted reproduction in which an embryo is transferred into her uterus, gestating and giving birth, replacing the aforementioned intended parents who, for some reason, are unable to carry a pregnancy.
This is known as surrogacy, gestational surrogacy, surrogate motherhood, surrogacy, surrogate mother, substitute mother, surrogate mother, surrogate mother, surrogacy, etc.
What is a surrogate?
The WHO defines the woman who carries out the surrogacy process as a surrogate mother for parents who wish to become parents through surrogacy. A surrogate mother or gestational carrier is a woman who carries out a surrogacy pregnancy or surrogate pregnancy having agreed that she will give the baby to the intended parents.
Gametes can originate from the intended parents and/or third parties. Having explained what surrogacy is, we would like to remind you that the WHO refers to this technique as surrogacy, not surrogacy.
Our Assisted Reproduction Law of 1988, like the current one of 2006, after its partial reform by Law 19/2015, includes an article that declares surrogacy contracts void, specifically Article 10.
Furthermore, it establishes that the parentage of children born through surrogacy will be determined by birth and that the possible claim of paternity against the biological father is safeguarded.
What types of surrogacy exist?
Regarding types of surrogacy, we can divide surrogacy into:
- Commercial surrogacy or altruistic surrogacy;
- Traditional surrogacy or gestational surrogacy;
- Extrafamilial surrogacy or intrafamilial surrogacy.
Who is the Gestational Carrier?
In a surrogacy process, the surrogate mother is a woman who offers her ability to carry the child of another person or couple.
Her sole function is to gestate and give birth to the child of the intended parents. The surrogate mother will never provide her own eggs; thus, no genetic relationship with the child will be established.
In fact, in most countries, it is prohibited by law for the surrogate mother to provide her own genetic material. If intended parents are unable to provide gametes, they must resort to gamete donation.
Who are the Intended Parents, commissioning parents or Future Parents?
In surrogacy processes (surrogate motherhood), they are also called future parents or intended parents or commissioning parents, since they are the person or persons who have tried for years to have a biological or adopted child, either naturally or through the in vitro process, and have not succeeded.
What types of couples can be intended parents?
Intended parents are couples and individuals of varying social status or sexual orientation, such as single women or heterosexual couples struggling with infertility and the inability to conceive a child. They are unable to carry a child to term on their own due to infertility or health risks. Or even single men or same-sex gay male couples seeking a child and unable to resort to adoption. For this reason, they turn to the so-called surrogacy.
What recommendations are given for choosing the best place for surrogacy?
To help you choose the best place to fulfill your dream of becoming a parent, we recommend contacting a GestLife family advisor.
What is in vitro fertilization (IVF)?
In vitro fertilization (IVF) is the assisted reproduction technique used in surrogacy, in which eggs and sperm are combined (in a laboratory) to form embryos that will be transferred into the surrogate mother’s uterus.
Can I do the treatment with my eggs?
Yes, through surrogacy. If you are a woman and will be the intended mother, you can opt for an individual program using your own eggs.
Can I use donated eggs?
Yes, you can use donated eggs in surrogacy. Whether your partner is female or male, you can use egg donation. The most suitable programs in these cases are those with donor eggs and unlimited attempts. For more information on pricing and legal advice, we recommend contacting GestLife.
I have embryos, semen, or eggs from another clinic. Can I export them to the country where I want to carry out the surrogacy process?
Generally speaking, yes. GestLife will handle the entire process, and you’ll only need to sign the authorization for the release of the material. It’s recommended that you consult with a GestLife family advisor regarding your specific case.
What is the unlimited attempt program with donor eggs?
This is a surrogacy program offered by GestLife, where the clinic covers the cost of all attempts necessary until a successful pregnancy is achieved. This includes cycles and embryo transfers, allowing you to pay a fixed price for IVF treatment.
Do I have low sperm motility?
In cases of low sperm motility or concentration, in vitro fertilization with intracytoplasmic sperm injection (ICSI) is recommended. This increases the chances of fertilization. Additionally, preimplantation genetic diagnosis can be considered to assess for possible abnormalities. For more information on pricing and legal advice, contact GestLife.
In my family we have a specific hereditary disease
In these cases, it is necessary to contact a GestLife geneticist to determine the presence or absence of genetic alterations responsible for hereditary diseases. Specific DNA studies will be performed to ensure the genetic health of the future child. We recommend scheduling a free telephone consultation to analyze your case.
What is Preimplantation Genetic Diagnosis?
Preimplantation Genetic Diagnosis (PGD) is a laboratory technique that allows the DNA of embryos to be studied and those with certain hereditary disorders to be ruled out. It is useful when there is a history of genetic or chromosomal diseases in the family, or when one wishes to determine the sex of the baby or ensure that the embryo does not have genetic abnormalities.
Who is PGD indicated for?
PGD is indicated for all those who wish to undergo preventive embryo screening before implantation in the surrogate mother. This test examines all 23 pairs of chromosomes to ensure the future child is healthy.
What genetic abnormalities can be detected with PGD?
PGD can detect abnormalities such as trisomy 21 (Down syndrome), trisomies 13 and 18 (Patau and Edwards syndromes), and Turner syndrome, among others. These tests can identify embryos with genetic alterations before implantation.
What is sex selection?
Sex selection in surrogacy involves determining the sex of the baby before embryo transfer into the surrogate mother’s uterus. This is done through Preimplantation Genetic Diagnosis, which studies the sex chromosomes (XX and XY). It is the only 100% effective method for determining the gender of the future child.
In which countries is it allowed?
Gender selection is not permitted in most European countries. However, other countries do. It is recommended that you consult with a family advisor at GestLife to find out which countries allow it.
How long does the surrogacy process usually take?
A surrogacy process typically lasts between 15 and 24 months from the initial contract signing, depending on the country where it takes place. The total time will also depend on the time required to achieve a successful pregnancy.
What tests are performed on expectant mothers?
During a surrogacy process, a series of tests are performed, including:
- Psychological interview and psychiatric evaluation;
- Drug and criminal record checks;
- Medical examinations with a reproductive specialist;
- Medical diagnosis based on the test results.
If the tests do not meet the standards, the surrogate mother is informed of the reasons for not proceeding. If the results are positive, a surrogacy treatment plan is developed.
What tests are performed on egg donors?
During surrogacy, egg donors undergo multiple tests, including:
- Urography.
- Therapeutic and general health exams.
- Consultations with psychiatrists and geneticists.
- Blood tests for RW, HIV, HBsAg, hepatitis C, among others.
- Blood type and Rh factor determination.
- Cytogenetic studies.
- Urine and cytological tests.
- Ultrasounds and other pelvic studies.
- Detection of infections such as chlamydia, mycoplasma, ureaplasma, gonorrhea, HSV, and CMV.
What is surrogacy fertility treatment?
It is an Assisted Human Reproduction Technique (ART) that includes in vitro fertilization (IVF). During this treatment, eggs are extracted from the woman and fertilized with sperm in the laboratory. The resulting embryos are implanted in the uterus of the surrogate mother to develop a surrogacy pregnancy. Intracytoplasmic sperm injection (ICSI) can also be performed for couples with low sperm motility, thus increasing the chances of fertilization.
Frequently asked questions about
Legal concepts
of surrogacy
Why do we talk about surrogacy?
There are different terminologies, such as surrogacy or gestational surrogacy, a term used by the World Health Organization (WHO) instead of surrogacy or gestational surrogacy.
Feminist groups or collectives that oppose this technique often use the term “surrogate womb” or “surrogate mother” pejoratively instead of “gestational surrogacy,” alluding to a degradation through the use of a woman’s body in exchange for money.
It is clear that a woman is not something that can be rented, nor is her womb. Surrogate mothers are women who do not give up their womb, but rather their gestation capacity, to people who wish to start a family.
The term “surrogate mother” is also incorrect, as she does not assume the care of the babies once they are born. This comes from an incorrect translation from other languages that use the English term “surrogate mother.” Rather, it is the expectant parents who are responsible for the motherhood of their surrogate children.
Why do some European countries not recognize parentage?
Some European countries, such as Spain, Italy, and Germany, do not recognize parentage through surrogacy because they legally prohibit it, considering it a form of exploitation or incompatible with human dignity.
They also argue the protection of the child’s and woman’s rights. The lack of uniform legislation within the European Union leads to disparities between countries.
Although the European Commission has proposed a regulation to mutually recognize parentage between member states, differences persist due to legal, ethical, cultural, and religious reasons.
If surrogacy is prohibited in my country, can I do surrogacy abroad without any consequences when I return to my country?
In some countries (such as Germany, France, and Italy), there are laws that prohibit, even with prison sentences, carrying out a maternity process in those countries. However, it is not illegal to do so in other countries, where there is a law regulating it. Therefore, it will not have any negative legal consequences. This right has already been widely recognized by the Strasbourg Court of Human Rights, and most countries have adapted, registering children born through surrogacy in their respective civil registries. Consult with your family advisor at Gestlife so we can explain how the process is carried out in your country.
Can the surrogate mother keep the child if she wishes?
No, in a surrogacy process, this statement is completely false. In countries with surrogacy legislation (except the United Kingdom), the surrogate mother is not allowed to keep the child. This is reflected in the contract signed before beginning the treatment, which ensures that the surrogate mother has no rights to the baby.
Do surrogates do it just for the money?
Most surrogates in a surrogacy process state that one of their main motivations is to help others become parents, understanding the importance of motherhood. Although financial compensation is important, it is not the only motivation. GestLife analyzes each case to ensure that surrogates’ motivations are not solely financial.
Do pregnant women live locked up in boat flats?
No, during surrogacy, the surrogate mother lives at home with her family, allowing her to maintain emotional balance and receive the affection of her loved ones.
