For a variety of possible reasons, a woman sometimes cannot carry a healthy pregnancy on her own. She may have had a hysterectomy, may not have a healthy uterus, or has heart or kidneys conditions that would make carrying and delivering a baby too risky. In such cases, a gestational surrogate carries and gives birth to a baby. In addition, women who have suffered repeated miscarriages or who have had embryos continually failing to implant in the uterus may benefit from gestational surrogacy.

Using IVF treatment, laboratory embryologists grow embryos from the biological mother’s eggs and her partner’s sperm or donor sperm. Using a catheter, doctors then transfer the embryo into the uterus of the gestational surrogate so it can implant and grow. After the gestational surrogate carries the pregnancy and delivers the baby, the biological parents take the child home.

Surrogacy is controversial in the U.S. and surrogacy agreement laws vary from state-to-state.  In some states, no surrogacy contract laws exist or contracts may be legally unenforceable. Other states hold that surrogacy agreements only allow uncompensated arrangements between the surrogate and biological parents. Some states require the intended parents to be a male and female couple and have laws preventing same-sex couples from entering into surrogacy agreements.

There are two primary legal aspects to most gestational surrogacy agreements: the contract and finalization of parental rights.

A clear legal contract outlines the responsibilities of the biological parents and the surrogate as well as compensation, medical insurance and parental rights. The surrogacy contract should be written, reviewed by an attorney, and signed at the beginning of the relationship between the biological parents and the surrogate.

This is a general outline of the surrogacy process and should not be used as a substitute for professional legal advice.

Some of the stages in finding a surrogate are as follows:

1) Doctors thoroughly screen the surrogate for infectious diseases.
2) To clarify any legal issues surrounding parenthood, all parties sign legal consents.
3) Using medications, physicians promote egg development in the biological mother.
4) Doctors use medications to develop a receptive lining, ideal for embryo implantation, in the surrogate’s uterus.
5) Using the partner’s sperm, doctors fertilize the egg in the laboratory.
6) Using a catheter, a fertility physician transfers the embryo to the surrogate's uterus to mature.