Surrogates & Gestational Carriers
Helping you carry your child safely into the world.
What's the Difference?
Surrogates Vs. Gestational Carriers
Surrogates and gestational carriers are terms that are often used interchangeably for women who carry a baby for someone else. While very similar, they actually refer to something slightly different . . . it’s really a technicality, but let’s start there!
Gestational Carriers
A gestational carrier is not genetically related to the child they are carrying. The child can be genetically related to the intended parents or the eggs can be from a completely different egg donor. Can be coupled with IVF or Donor Egg IVF.
While gestational carriers are technically more common, it’s such a nit picky detail, we’re going to let those definitions go. From here on out, we will use the two terms interchangeably.
Helping You Carry
Why Use a Surrogate
While everyone uses a surrogate because they need help carrying a child there are many underlying reasons. Here are some of the most common reasons.
Hysterectomy
Someone who has had her uterus removed due to health problems.
Endometrial Ablation
An endometrial ablation is a procedure that surgically destroys the lining of your uterus (usually done to reduce menstrual flow) but in most cases also makes carrying difficult and or dangerous.
Recurrent Pregnancy Loss
After experiencing numerous miscarriages with unsuccessful immunological treatments many turn to gestational carriers to help bring their child into the world.
Other Medical Conditions
Some medical conditions like uncontrolled diabetes and heart conditions can make carrying a pregnancy incredibly dangerous. Similarly, some conditions can otherwise cause a non-functional uterus.
How It Works
Surrogacy at CNY
At CNY Fertility, we perform the medical procedures required for surrogacy and assist in the medically necessary communication and coordinating efforts between you and your surrogate. We do not offer or help match you with surrogates and we do not offer legal advice. Instead, those wishing to pursue surrogacy at CNY are encouraged to find their own surrogate (either through an agency or friends/family) and seek the counsel of lawyers specialized in reproductive law.
Because there are so many variables in those seeking gestational surrogates, there is no one size fits all solution or answer to what surrogacy looks like. Know however, that there is nearly always a solution that can be worked out, even in states (like Colorado) where exchanging money for surrogacy is illegal.
While your path to parenthood is unique, we encourage you to take a look at the general outline/timeline below of what using a gestational carrier is like at CNY.
Step By Step
The Surrogacy & Gestational Carrier Process
Determining your Needs
Usually, this means setting up and having a consultation and a full reproductive workup.
If you’ve already had a workup with another facility, great, simply fax us your results. You will still need to have a consultation with one of our doctors.
Contact a Reproductive Lawyer
Many times, undocumented surrogacy “favors” are carried out by friends or family members to great satisfaction and success. But more often now, they are handled by agencies which specialize in surrogate arrangements.
Due to the legal complexities involving surrogacy, we highly recommend contacting a reproductive lawyer who will help you find answers to questions you didn’t even think about asking.
Find Surrogate/GC
We do not have our own gestational carriers here at CNY. You will need to seek out your own carrier via family, friends, or a surrogacy agency.
After finding your surrogate, you will need to instruct her to contact our office to establish herself as a patient.
Surrogate/GC Workup
After the surrogate establishes as a patient she will work with our donor team to have a full fertility medical workup.
This will include a full physical, medical releases from her primary care, ob-gyn, and any relevant specialists that she sees, preconception labs, a saline sonogram, and a mock cycle to fully understand how her uterine lining develops in response to estrogen.
Whose Eggs
It is important you contact our donor team regardless of whose eggs you will be using. If using your own eggs, you will need to complete FDA infectious disease testing within 30 days of the retrieval to ensure the safety of your carrier.
If using donor eggs, you will similarly need to contact our donor team to coordinate the donor egg process.
Whose Sperm
If using your own or partner sperm, the sperm will be required to go through a 6-month quarantine as well as FDA testing.
If you use donor sperm, that sperm will already have gone through the necessary quarantine and testing.
Treatment Cycle
After completing the workup and determining all gamete sources, your surrogacy and donor coordinator will discuss and coordinate the treatment cycle.
Getting Additional Support
Recommended Reproductive Lawyers & Agencies
After determining your need a surrogate or gestational carrier with our team we recommend you contact one of our recommended lawyers and or agencies below.
Melissa Brisman, Esq.
Melissa Brisman, Esq. is an attorney with more than two decades of experience in reproductive law. Melissa is licensed to practice law in CT, MA, N.J., N.Y., PA, and TX. A graduate of the Wharton School of Business and Harvard Law School, Melissa assisted with the passage of gestational carrier legislation in New York and New Jersey. She also drafted legislation for the Taiwanese government. Her office offers concierge services to match clients with gestational surrogates and donors. Attorney Brisman drafts and negotiates contracts for many types of reproductive arrangements, including gestational carrier contracts, ovum, sperm, and embryo donation contracts; adoptions; and obtains parentage orders for gestational carrier arrangements.
Surrogate Steps
Surrogate Steps is a leading Surrogacy Agency headed by NY Law School Reproductive Lawyer Yifat Shaltiel. Surrogate Steps is dedicated to matching CNY patients with the perfect gestational surrogate. With extensive surrogacy and reproductive law experience, you’re in safe hands with SS, who are true experts at drafting and negotiating reproductive law contracts and analyzing health insurance plans in surrogacy arrangements, obtaining birth orders, amending birth certificates, and other key steps in successfully growing your family with surrogacy.
In honor of our mission to make fertility care more accessible, Surrogate Steps offers CNY Fertility Patients 20% off their agency fee, from $25,000 to $20,000.
Nodal
Nodal is a modern surrogacy company that empowers surrogates and intended parents to find their ideal match while offering continued support throughout the surrogacy journey. Nodal’s Matching Platform efficiently connects intended parents with pre-screened surrogates, providing hands-on assistance during the matching process. After a match is made, intended parents have the option to use Nodal’s Case Management services for full-service support throughout their surrogacy journey.
ConceiveAbilities
Since 1996, ConceiveAbilities has advocated on behalf of intended parents who want to grow their families. Support includes gestational carrier and donor recruitment, intake, education, agency screening and matching as well as mental health, legal and financial assistance.
New York Surrogacy Center
NYSC is an intentionally small surrogacy matching agency working primarily with surrogates in NY, VT and NJ, offering personalized, attentive services to all of the families we work with. NYSC is run by Attorneys Casey DiPaola and Joe Williams, experts in the field of gestational surrogacy and assisted reproduction, who were actively involved in drafting and revising NY’s surrogacy laws. NYSC follows all ASRM “best practices” guidelines and offers affordable agency fees to families looking to pursue surrogacy.
Kim Kluger-Bell
Kim Kluger-Bell, LMFT is a licensed Marriage and Family Therapist with many years of clinical experience both in private practice and on staff at fertility clinics nationwide. She is located in the Colorado area and offers psychological evaluations for GCs and Intended parents which are required under Colorado law for Surrogacy.
Robin Fleischner, Attorney At Law
Robin Fleischner‘s law practice is dedicated to forming families through adoption, surrogacy, and assisted reproduction. Robin drafts egg, sperm, and embryo donation agreements, as well as surrogacy agreements. She also represents clients in parentage proceedings, donation and surrogacy, and for LGBTQ partners. Robin is licensed in NJ, NY, and PA.
COPPS DiPAOLA SILVERMAN, PLLC
The firm is located in the Albany, NY area and they have attorneys licensed in New York, Vermont, and New Jersey. They are experts in reproductive technology law (egg/sperm/embryo donation and surrogacy/gestational carrier agreements) and kinship guardianship (KinGAP).
Attorneys & Staff Members Who Support this Practice Area:
Kathleen “Casey” Copps DiPaola, Esq.
Joseph R. Williams, Esq.
Shannon M. Wickenden