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Surrogacy and ART Law
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Surrogacy
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.
Gestational Carrier
A person who carries a pregnancy created by an egg and sperm that are not her own; this can occur through IVF.
Traditional Surrogacy
A surrogacy arrangement where the surrogate is also the egg donor, and therefore genetically related to the child she carries.
Assisted Reproductive Technology (ART)
All treatments or procedures that involve the handling of human oocytes or embryos, including in vitro fertilization, gamete intrafallopian transfer, and zygote intrafallopian transfer.
In Vitro Fertilization (IVF)
A medical procedure whereby an egg is fertilized by sperm in a laboratory dish, and then transferred to a woman's uterus to develop.
Preimplantation Genetic Diagnosis (PGD)
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.
Intended Parent(s)
Individual(s) who will ultimately become the legal parent(s) of a child born through a surrogacy arrangement.
Surrogacy Agreement
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.
Compensated Surrogacy
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.
Altruistic Surrogacy
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.
Surrogate's Rights
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.
Parental Order
A legal order transferring parental rights and responsibilities from the surrogate (and her spouse if applicable) to the intended parent(s).
Fertility Tourism
The act of traveling to another country for fertility treatments that are not available or legal in one's home country.
Sperm Donation
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.
Egg Donation
The process where a woman donates eggs for purposes of assisted reproduction or biomedical research.
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