Is it still surrogacy if the egg and sperm are both donated?

by Jeff
(Ocean City, NJ)

Step-Daughter has offered to surrogate for my wife and I. We're going to do IUI, but I have health issues, and have no idea if my swimmers are up to snuff. if not, my son-in-law has offered to help step-daughter (His wife) the old fashioned way, lol. Would this still be considered a surrogacy, as the child would genetically be our grandchild.

Reply by Rayven
You'll really need to discuss this with your attorney. And yes, you absolutely need an attorney, and you need one prior to the pregnancy.

In a situation with a gestational surrogacy, where the eggs are donated and the sperm is also donated, put into an unrelated surrogate, then given to the intended parents, yes, it is surrogacy.

But in a situation where a traditional surrogate is becoming pregnant by natural means with someone who (I assume) she has other children with, even if the intent is to give that baby to someone else, the line on surrogacy become quite blurred. Even if we, in the surrogacy community, could call that surrogacy (still fuzzy on it), that doesn't mean that legally it would be a surrogacy rather than an adoption.

And even if it were legally called surrogacy in my state, it might not be in yours!

So check with your attorney. He can get all the paperwork you need ready as well. Even if you go with your own swimmers, you still need a lawyer PRIOR to the IUI.

Best wishes!