Understanding Surrogacy: What It Is and Its History

What Is Surrogacy?

Surrogacy is a reproductive arrangement in which a woman, known as a surrogate, agrees to carry and give birth to a child for another person or couple—referred to as the intended parent(s). After the birth, the child is legally handed over to the intended parent(s), who then assume full parental rights.

There are two main types of surrogacy:

1. Traditional Surrogacy

In this method, the surrogate uses her own egg, making her the biological mother of the child. Fertilization is typically achieved through intrauterine insemination (IUI) using the intended father’s or a donor’s sperm. Due to the emotional and legal complexities of this method, traditional surrogacy is now relatively rare.

2. Gestational Surrogacy

This is the most common form of surrogacy today. Here, the surrogate has no genetic connection to the child. An embryo—created using the egg and sperm of the intended parents or donors—is implanted into the surrogate’s uterus via in vitro fertilization (IVF). The surrogate acts solely as a carrier, providing a nurturing environment for the developing fetus.

A Brief History of Surrogacy

Surrogacy is not a modern invention—it has ancient origins that reflect changing societal, religious, and scientific views on reproduction and family.

Ancient Roots

References to surrogacy can be traced as far back as the Bible. In the Book of Genesis, Sarah, the wife of Abraham, was unable to conceive and gave her maidservant, Hagar, to her husband to bear a child on her behalf. This early example of traditional surrogacy was born out of necessity and social pressures for heirs.

Modern Developments

• 1976: The first legally documented surrogacy arrangement was brokered in the United States.

• 1985: The first successful gestational surrogacy took place, thanks to advancements in IVF technology.

• 1986: The controversial Baby M case in New Jersey put traditional surrogacy in the spotlight. In this case, the surrogate, who was also the child’s biological mother, refused to give up the baby. The case sparked nationwide debate and led to increased legal scrutiny and regulation of surrogacy agreements.

Surrogacy in the 21st Century

Today, surrogacy has become a widely accepted and regulated option for building families, especially for:

• Couples struggling with infertility

• Same-sex couples

• Single individuals with medical or personal barriers to pregnancy

Gestational surrogacy dominates modern practice due to its legal clarity and emotional separation for the surrogate. Intended parents often work with surrogacy agencies and fertility clinics to ensure medical, psychological, and legal safeguards are in place.

Global Landscape of Surrogacy

Surrogacy laws vary significantly around the world:

• United States: Gestational surrogacy is legal in many states and highly regulated.

• Canada and the UK: Altruistic surrogacy is allowed (no profit), but commercial surrogacy is restricted.

• India: Once a hub for international surrogacy, India now restricts access to domestic couples only.

• Ukraine, Georgia, and Colombia: These countries have become popular for international surrogacy due to legal frameworks that support it.

• In contrast, many European nations (e.g., France, Germany, Spain) prohibit all forms of surrogacy, emphasizing ethical and legal concerns.

Conclusion

Surrogacy is a complex yet profoundly meaningful journey that blends medical science, legal clarity, and human compassion. From its ancient roots to its modern-day application, surrogacy continues to evolve—giving countless people the chance to fulfill their dream of becoming parents. As reproductive technology advances and global laws adapt, the conversation around surrogacy will undoubtedly continue to grow in importance and nuance. For those looking to explore the topic further, The Pursuit of Parenthood: Reproductive Technology from Test-Tube Babies to Uterus Transplants offers a powerful and thought-provoking look into the global ART development.