Is it still considered surrogacy or is it adoption?

by Lorie
(Twin Falls, ID)

I am a single 43yo female, I have MS and am not able to carry my own children. I have had several miscarriages 8 to be exact, and my doctor has said that my eggs are not viable. A friend and her husband has offered to carry a child for me, either using the husbands sperm or donor sperm. I have read that for surrogacy to be exactly that it has to be either the sperm of the intended father or eggs of the intended mother. Since my eggs are not good and I do not have a partner would it be considered surrogacy still if the husband donates? If so what type of paperwork would I have to have? Most of the surrogate contracts I have found are using the natural father and the surrogate's spouse on them. Where would I find a contract that would work in this situation? My friend and her husband are also known for having twins, they have 2 sets now. Would that change the paperwork too?
I have several questions and would like to find out as much as I possibly can before I make this decision. I want children badly and am willing to do what it takes. I just want to make sure that I do not have a legal issue. I know that this can be expensive, but I do not want to take on more than I can chew.

Reply by Rayven
First, I would suggest you contact an attorney that practices surrogacy and adoption in your state. Often, irregardless of the sperm, many states treat traditional surrogacy like an adoption.

The semantics of your situation (whether this is a surrogacy or straight adoption) are difficult, and probably reside with intent. It is the intent of your friend to become pregnant in order for you, the intended mother, to become a mother. To me, that is surrogacy. To someone else, that is still adoption.

Another option you may not have thought of is a sperm donor. Using a sperm donor, this would most probably be a traditional surrogacy, not an adoption, as you are the contractor for the sperm. But again, talk to your lawyer.

Laws, including whether a single parent may enter into a surrogacy contract, vary by state. Your next step is to get the facts straight with a local attorney.