Is a Baby Born Through Surrogacy Biologically Yours?

In gestational surrogacy, the baby is biologically related to whoever provided the egg and sperm, typically the intended parent(s) or donors, not to the surrogate. The surrogate carries the pregnancy but contributes no genetic material.  With 3,800+ babies born over 30+ years, Circle has helped thousands of intended parents understand exactly what this means for their family. 

Many people considering surrogacy, whether as intended parents or potential surrogates, wonder: "Is a baby born through surrogacy biologically yours?" In modern gestational surrogacy, the baby is genetically related to the intended parent(s) or sperm and egg donor(s), not to the surrogate herself. The embryo is created through in vitro fertilization (IVF) using the intended parents’ or donors’ egg and sperm. The surrogate’s role is to carry the pregnancy and support a healthy birth. 

In this post, we’ll explain how gestational and traditional surrogacy differ, how the science of surrogacy works, and what these distinctions mean for both surrogates and intended parents throughout their shared journey. 

Gestational vs. Traditional Surrogacy

There are two types of surrogacy: gestational surrogacy and traditional surrogacy.

In a typical gestational surrogacy arrangement, embryos are created through in vitro fertilization (IVF) using the egg and sperm of the intended parents or from egg or sperm donors. One or more of these embryos is then medically transferred to a surrogate—a gestational carrier—who carries the pregnancy to term. Today, gestational surrogacy accounts for the vast majority of surrogacy arrangements.

Traditional surrogacy works differently. In these cases, the surrogate becomes pregnant through artificial insemination using her own egg, which means she is genetically related to the child or children. After birth, she relinquishes parental rights to the intended parents.

At Circle, we exclusively facilitate gestational surrogacy arrangements, in which the gestational surrogate has no genetic or biological relationship to the baby, or babies, she carries.

Does the Surrogate Share DNA With the Baby?

Gestational surrogacy is a family-building option that helps people have a baby when they can’t carry a pregnancy themselves. It’s a process grounded in medical science, trust, and collaboration—and it’s often deeply meaningful for everyone involved.

In gestational surrogacy, the surrogate becomes pregnant through in vitro fertilization (IVF). IVF is an assisted reproductive technology process in which a woman’s eggs are fertilized by sperm in a lab to create embryos. Those embryos are then transferred to the uterus for potential pregnancy.

When intended parents are using gestational surrogacy to expand their family, the embryos created in the lab are transferred to the surrogate’s uterus, so she can hopefully become pregnant with the intended parents’ embryo and carry the baby to term.

Because the embryo is created from someone else’s egg and sperm, the surrogate is not biologically related to the baby. She does not use her own eggs and does not pass on any genetic material. Her role is to provide a safe, nurturing environment for the baby to grow during pregnancy.

Gestational surrogacy is carefully guided by medical professionals and supported by legal agreements to protect everyone involved. At its heart, it’s an act of generosity and partnership, helping create families while honoring clear biological and emotional boundaries.

Who Are the Legal Parents of a Baby Born Through Surrogacy?

In a gestational surrogacy, the gestational carrier has no genetic relationship to the child born through the surrogacy process. The egg used to create the embryo is either the intended mother's or retrieved from an egg donor. Regardless, it is imperative that you have a qualified and competent attorney to secure your parentage rights to your child.

Surrogacy laws vary by state, and the process to establish your parentage rights can even differ depending on the county your surrogate is delivering in or the judge that is presiding over your case. It is crucial that all participants in the surrogacy journey have a complete understanding of the law in the relevant jurisdiction.

There are three key milestones during your surrogacy journey during which you will require the services of a lawyer who is experienced in surrogacy and Assisted Reproductive Technology (ART) law. They will assist you with:

1. The Carrier Match

The Carrier match is when you are initially aligned with a potential gestational carrier. You will need to know how the law of the state where the gestational carrier resides and/or will deliver your child in will establish your parentage rights. Some states allow for pre-birth determinations of parentage while others may require a post-birth or adoption process. 

The process to establish parentage rights might impact your ability to establish parentage and/or citizenship rights in your home country so it is important that you also speak with counsel where you reside (if outside of the United States) and/or where you expect to establish citizenship rights.

2. The Carrier Agreement (contract)

A Carrier Agreement, or surrogacy contract, is a legal agreement between the gestational carrier and intended parent(s) that clearly defines everyone's rights, responsibilities, expenses, and protections throughout the surrogacy process. It addresses medical care, lifestyle expectations, parental rights, potential risks, and ensures compliance with state laws through proper legal guidance.

3. Establishing Parental Rights

It is very important to work with experienced attorneys with knowledge of the requirements to establish parental rights in the jurisdiction where the parentage legal work will occur. Some agencies provide their intended parents with an attorney to ensure their rights are protected throughout the entire process. As discussed above, the process to establish parentage rights differs in each state. 

There are states that allow for: pre-birth orders/determinations of parentage; a combination of both pre and post birth work; second parent or close parent adoptions for non-biological children; and administrative processes. Regardless of the process, the intended parent(s) will be declared as the sole parent(s) of the child born through the process through a court order and will be the named parent(s) on the child's birth certificate. 

Making sure your rights are protected and upheld throughout the entire surrogacy process is a crucial part of the journey, and the legalities are some of the more complicated aspects of the process. This is why having a well-educated and experienced attorney in surrogacy and ART law is important for both intended parents and surrogates.  

Is Surrogacy Right For You?

If you feel that gestational surrogacy is the right choice for you and your family, you can fill out an inquiry form with us today. We hope to help you grow your family and show you how amazing the surrogacy journey can be. Likewise, if you want to give intended parents the remarkable gift of helping them grow their family, you can fill out an application to become a surrogate with us.