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Marketing Team

Commercial Surrogacy & Its Safeguards


People holding each other for comfort (models)


Surrogacy is an incredible journey that uniquely bonds intended parents and surrogates unlike any family-building experience. Surrogacy also comes with its own unique set of decisions that intended parents must make, including whether to choose altruistic or commercial surrogacy. 


What's the Difference? 

Altruistic surrogacy is when a woman agrees to carry a baby for others without financial compensation beyond her medical expenses. Commercial surrogacy is when a woman receives compensation for carrying a baby for someone else, in addition to medical expenses. While the most obvious difference between altruistic surrogacy and commercial surrogacy is compensation or lack thereof, agencies put deeper safeguards in place for both the surrogate herself and the intended parents for either option. 

Let's break it down and get into the who's who and the ins and outs of both surrogacy routes so you can choose the best one for you and your family.  


Who's Who? 

An altruistic surrogate is most commonly someone close to the intended parents, typically a family member or friend. These surrogates volunteer to carry a pregnancy for their loved one.  


Does a commercial surrogate have to be a stranger? 

Certainly not! If a friend or family member offers to become your gestational carrier, you can absolutely agree to have them carry your pregnancy. We would advise you, however, to still go through an agency to ensure that all of the necessary legal safeguards—which we will discuss—are put in place to protect both you and your surrogate, even if they are someone you know and trust.  


Compensation 

As mentioned above, the main difference between altruistic and commercial surrogacy is compensation. An altruistic surrogate might offer to carry a pregnancy without receiving any compensation beyond medical reimbursements. If you decide to compensate your altruistic surrogate beyond medical payments, it could cost you between $100,000 and $200,000, which is similar to the cost for a gestational carrier found through an agency. 


Here at Circle, the cost for a typical surrogacy journey is $168,500 (surrogacy only) and $193,450 (surrogacy plus egg donation). These amounts exclude IVF costs paid to your clinic. If you use a friend or family member and do not pay her a base fee, you can save about $35,000 from the total costs. 


A Cost Breakdown  

When you go through commercial surrogacy, there are general costs that you will be required to cover, including: 

  • Surrogate costs 

  • Agency fees 

  • Legal screening and support for your surrogate 

  • Insurance 

  • Parent legal rights  


Surrogate Costs 

These costs cover your gestational carrier's base fee and any additional compensation for her and her family. The difference in altruistic surrogacy vs. commercial surrogacy comes into play here if your family member or friend does not want compensation. As the intended parents, you might still pay for her maternity clothes, childcare, other necessities, and medical costs.  


Agency Fees 

These cover the cost of, obviously, the agency you use. Even if you want to use your friend or family member as your surrogate, we would still advise you to go through an agency to walk with you you every step of the way to make sure you, your surrogate, and your respective families are supported and protected. Here at Circle we even have a "Bring Your Own Surrogate" Program, which will reduce costs for intended parents. Learn more in this blog post


  • Legal screening & support: Even when your surrogate is a friend or family member, we strongly recommend that you have her thoroughly screened and put legal contracts in place, which is why legal screening and support for your surrogate fall under general costs you should expect to pay throughout the process. We not only ensure your surrogate has her own legal representation and full screening, but we also make sure she has support from a licensed social worker. 


  • Medical insurance: Because many health insurance plans do not cover a surrogate pregnancy, it is up to you, the intended parents, to have proper pregnancy insurance in place for your surrogate. If you work with us, we will help you through this process and ensure you and your gestational carrier are cared for.  


  • Parental rights: Lastly, you will be expected to cover the cost of putting your names on your baby’s birth certificate—the final legal piece of the journey. 


Which To Choose? 

While choosing a close friend or family member as your surrogate will make your experience all the more special, we sincerely advise and encourage all intended parents to work with an agency to protect the best interests of themselves and their surrogate.  


We have in-house legal professionals who weigh in on everything from the enforceability of surrogacy contracts to advising intended parents on navigating their state laws. Our attorneys will also assist with various aspects of the surrogacy journey, during which legal representation is required. Some of these include: 


  • Drafting the surrogacy agreement between the intended parents and the gestational carrier 

  • Establishing your parental rights as intended parents 

  • Filing a pre-birth and post-birth order for the appropriate state 


We have relationships with attorneys throughout the country – and the world – who are experts in their jurisdictions' surrogacy, residency, and citizenship laws to assist intended parents further on their family-growing journey. 


Why Use an Agency? 

While choosing someone you personally know will add an extra layer of charm to your story, we still encourage intended parents to go through a commercial surrogacy agency to guarantee the best and safest path to having a baby. To learn more about what Circle can offer you and the safety nets we provide our intended parents, read more about our legal process here

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