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Surrogacy and ART Law

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Gestational Carrier

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A person who carries a pregnancy created by an egg and sperm that are not her own; this can occur through IVF.

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Surrogacy

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An arrangement whereby a woman agrees to carry a pregnancy for another person or persons, who will become the newborn child's parent(s) after birth.

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In Vitro Fertilization (IVF)

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A medical procedure whereby an egg is fertilized by sperm in a laboratory dish, and then transferred to a woman's uterus to develop.

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Altruistic Surrogacy

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A surrogacy arrangement where the surrogate does not receive any financial reward for her pregnancy or the relinquishment of the child, apart from reimbursement for medical and other reasonable expenses.

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Surrogacy Agreement

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A contract entered into by the intended parent(s) and the surrogate, outlining each party's rights, responsibilities, intentions, and expectations relating to the surrogacy arrangement.

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Compensated Surrogacy

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A legal agreement where the surrogate receives financial compensation for carrying and delivering a child, beyond the medical and ancillary costs associated with the pregnancy.

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Surrogate's Rights

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The rights held by a surrogate mother, which may include the right to medical care during pregnancy, the right to terminate the contract, and the right to make decisions concerning her health and the pregnancy.

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Sperm Donation

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The process by which a man donates his sperm for the purpose of artificially inseminating a woman other than his sexual partner, or for donating to a sperm bank.

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Assisted Reproductive Technology (ART)

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All treatments or procedures that involve the handling of human oocytes or embryos, including in vitro fertilization, gamete intrafallopian transfer, and zygote intrafallopian transfer.

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Preimplantation Genetic Diagnosis (PGD)

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A procedure used prior to implantation to help identify genetic defects within embryos created through in vitro fertilization to prevent certain diseases or disorders from being passed on to the child.

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Intended Parent(s)

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Individual(s) who will ultimately become the legal parent(s) of a child born through a surrogacy arrangement.

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Egg Donation

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The process where a woman donates eggs for purposes of assisted reproduction or biomedical research.

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Traditional Surrogacy

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A surrogacy arrangement where the surrogate is also the egg donor, and therefore genetically related to the child she carries.

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Parental Order

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A legal order transferring parental rights and responsibilities from the surrogate (and her spouse if applicable) to the intended parent(s).

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Fertility Tourism

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The act of traveling to another country for fertility treatments that are not available or legal in one's home country.

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