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Surrogacy Frequently Asked Questions

What is Surrogacy?

Surrogacy is an agreement between a woman (surrogate) and couple or individual (intended parents) in which the surrogate chooses to become pregnant through an embryo transfer (IVF) and carry the resulting pregnancy for the intended parents.

It is recommended that professionals be involved to guide both parties through the medical, legal, and emotional processes of surrogacy.

There are a few different types of surrogacy: gestational vs. traditional, compensated or altruistic, and independent or agency-assisted.

What is Gestational Surrogacy?

Gestational Surrogacy – the family planning option that allows intended parents to have a child who shares a genetic connection to them, and surrogates to help intended parents have a family they couldn’t otherwise have.


Gestational Surrogacy vs. Traditional Surrogacy
  • Gestational Surrogacy – See GESTATIONAL SURROGACY definition above
  • Traditional Surrogacy – the family planning option where a surrogate combines her egg with an intended father’s sperm. This establishes the surrogate as the child’s biological mother. Because this, in turn, creates emotional and legal issues, traditional surrogacy has been banned across the US and is no longer recognized as a form of surrogacy.


Altruistic Surrogacy vs. Compensated Surrogacy
  • Altruistic Surrogacy – refers to those gestational surrogates who carry for intended parents without any monetary compensation. Oftentimes, the surrogate that is found in an altruistic surrogacy is close to the intended parents they carry for (family member, close friend, etc.)
  • Compensated Surrogacy – also known as “commercial surrogacy,” is generally applied to a surrogate who receives compensation for her services, to some degree, further than medical expenses that occur throughout the pregnancy.
Independent Surrogacy vs. Agency-Assisted Surrogacy
  • Independent Surrogacy is when the intended parents find a surrogate and go through the process of surrogacy without the help of a surrogacy agency.
  • Agency-Assistedis when the intended parents find a surrogate and go through the process of surrogacy with the help of a surrogacy agency.


Who is a Surrogate?

Surrogate/Surrogate Mother – the woman who carries the baby of the intended parents. Other names she is known by are: gestational surrogate and gestational carrier.


How does the surrogate become pregnant?

The surrogate becomes pregnant through the IVF Process – the process in which the surrogate is inseminated with the intended parents’ lab-fertilized embryo, and becomes pregnant with their child.

FAQs about the IVF Process in Oklahoma

Is surrogacy legal in Oklahoma?

Surrogacy is legal in Oklahoma and the intended parents are permitted to compensate the surrogate for her time and expenses.

Surrogacy is expressly permitted by the new Oklahoma surrogacy legislation enacted in 2019. Pursuant to the new laws, Oklahoma now has standardized processes, procedures and protections in place for those who wish to engage in a surrogacy arrangement.

The Oklahoma Gestational Carrier Act legalized gestational surrogacy and established the framework for such contracts’ enforceability and the conditions in which pre-birth parentage orders are to be granted.


What are the requirements to be a surrogate?

Surrogates must live in the U.S. and be U.S. citizens, be between ages 21 and 39, not use drugs, have had one successful pregnancy, and more. Please find all of Adoption and Surrogacy Choices of Oklahoma surrogate requirements here.

Who are Intended Parents?

Intended Parent – the couple or individual seeking to create a family through gestational surrogacy. Intended parents can be: single, married, heterosexual, LGBT, transracial, etc.


What are the requirements to be intended parents?

Intended parents must complete a background check, have the financial means to support a surrogacy journey, have a clean criminal history, and more. Please visit here for a full list of requirements with Adoption and Surrogacy Choices of Oklahoma.

How much are surrogates paid?

Each surrogacy journey is unique and involves many factors that can impact the overall compensation. The average amount of compensation, including expenses, can range from $50,000 to $80,000 depending on experience and the individual arrangements.

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