What Is Traditional Surrogacy?

Last reviewed: August 2026. Traditional surrogacy—also called genetic surrogacy—is an arrangement in which the person carrying the pregnancy also provides the egg. She is therefore genetically related to the child. This differs from gestational surrogacy, where the gestational carrier does not provide the egg and is not genetically related to the baby.

How is a traditional-surrogacy pregnancy created?

Traditional surrogacy may involve insemination using sperm from an intended parent or donor. The exact medical approach depends on the circumstances and clinic. It should not be assumed that every traditional-surrogacy arrangement follows one identical IUI protocol.

Why is traditional surrogacy less common?

Because the carrier is also the genetic parent, legal parentage can be substantially more complicated. Some fertility clinics, agencies and attorneys do not participate in traditional-surrogacy arrangements, and some jurisdictions restrict or treat them differently from gestational surrogacy.

Legal rules are state-specific

There is no reliable permanent list of U.S. states that simply “permit” or “prohibit” traditional surrogacy. Statutes, case law, parentage rules, compensation restrictions and adoption requirements can change. The legal analysis can also depend on marital status, genetic relationships and how conception occurs.

Before treatment or insemination, both sides should obtain independent reproductive-law advice in the relevant state. Depending on the jurisdiction, establishing intended parentage may require post-birth consent, termination or relinquishment of parental rights, adoption or another court process.

Traditional surrogacy and consent

The carrier's genetic and legal status makes informed consent particularly important. Agreements should address compensation where permitted, medical expenses, pregnancy-related decisions, contact expectations, parentage procedures and what happens if a party changes their mind. A contract cannot override a person's right to make medical decisions about their own body.

Is traditional surrogacy cheaper?

It may avoid the cost of an egg-donor cycle and embryo creation through IVF, but lower medical costs do not necessarily mean a lower total journey cost. Legal complexity, additional proceedings, counseling and other circumstances can affect the final cost.

Traditional vs. gestational surrogacy

• Traditional surrogacy: the carrier provides the egg and is genetically related to the child.
• Gestational surrogacy: the carrier does not provide the egg and is not genetically related to the child.

Gestational surrogacy is the predominant model used by U.S. fertility clinics and professional surrogacy programs.

Bottom line

Traditional surrogacy can involve simpler fertility treatment in some cases, but it creates distinct legal and ethical issues because the carrier is also the genetic parent. Do not rely on an old state-by-state list or a generic contract. Obtain current medical and independent legal guidance before proceeding.

This article provides general educational information and is not medical or legal advice.