Surrogacy 101: A Step-by-Step Guide for Intended Parents
Embarking on the surrogacy journey can feel overwhelming, but with the right guidance, intended parents can move through the process with clarity and confidence. At Surratt Law, we’ve helped countless families in Nevada, California, Utah and across the world navigate surrogacy, and this guide outlines the essential steps you’ll encounter along the way.
Step 1: Understanding Surrogacy Options
The first step is learning about the types of surrogacy. Gestational surrogacy—the most common—means the surrogate has no genetic link to the child. Traditional surrogacy, though rare, involves the surrogate’s own egg. Most intended parents choose gestational surrogacy because it creates a clear legal and biological distinction between the surrogate and the child. Few states allow traditional surrogacy and many clinics and agencies will not work with you unless it is a gestational surrogacy.
Step 2: Choosing the Right Surrogate
Selecting a surrogate is one of the most important decisions you’ll make. Some families work with trusted friends or relatives, while many turn to reputable agencies that match intended parents with qualified surrogates. Medical and psychological screenings are essential to ensure the surrogate is prepared for the journey, especially in states like Nevada, Utah and California where surrogacy is governed by detailed legal frameworks.
Step 3: Independent Surrogacy vs. Agency Support
A major decision for intended parents is whether to pursue surrogacy independently or to partner with an agency. Independent surrogacy may appeal to families who already know their surrogate or want more direct involvement in the process. However, it requires careful coordination of medical, legal, and financial details. In contrast, working with an agency provides support with matching, screening, and managing logistics. Agencies often offer counseling, escrow management, and ongoing communication support throughout the pregnancy. The right choice depends on your comfort level, resources, and how much guidance you want throughout the journey. Regardless of which path you take, having a well-drafted gestational carrier agreement and strong legal protections is essential under both Nevada surrogacy law, Utah surrogacy law and California surrogacy law.
Step 4: Legal Protections and Gestational Carrier Agreements
Every surrogacy arrangement should be backed by a strong legal foundation. At this stage, attorneys for both the intended parents and the surrogate draft a gestational carrier agreement. These contracts address medical decision-making, compensation, responsibilities during pregnancy, and expectations for all parties. Under Nevada surrogacy law, Utah surrogacy law, and California surrogacy law, such agreements are enforceable and provide clear protection for intended parents and surrogates alike. Working with experienced counsel ensures that the child’s rights are secure from the very beginning.
Step 5: Medical Procedures and Embryo Transfer
The medical phase starts with medical screening of your gestational carrier and then after a gestational carrier agreement has been signed by the intended parents and the surrogate they move on to the in vitro fertilization (IVF) phase. Embryos are created using eggs and sperm from the intended parents or donors and then transferred to the surrogate’s uterus. Fertility clinics play a central role here, overseeing care and monitoring throughout the process.
Step 6: Pregnancy and Ongoing Communication
Once pregnancy is confirmed, communication between intended parents and the surrogate is key. Some families attend appointments together, while others prefer consistent updates. Building trust and maintaining open dialogue fosters a positive experience for everyone involved.
Step 7: Establishing Parentage
Before the baby is born, your attorney will file the necessary legal paperwork to establish parentage. For Nevada surrogacy law, this involves a pre-birth order that secures parental rights from the moment of delivery. For Utah surrogacy law, there is a process for validating the contract and then establishing parentage after the birth of the child. California surrogacy law also provides strong mechanisms for parentage as a pre-birth process, giving families peace of mind before birth.
Step 8: Welcoming Your Baby
The final step is the most rewarding—being present for the birth and bringing your child home. By this stage, a good legal team assures families are able to focus on what matters most: celebrating the arrival of their baby.
At Surratt Law, we proudly guide intended parents through every stage of surrogacy. Whether you are navigating Nevada surrogacy law, Utah surrogacy law, or California surrogacy law, or drafting a gestational carrier agreement, our team ensures your path to parenthood is secure, ethical, and supported every step of the way.