Types of Surrogacy
Understanding the different surrogacy models, what they mean, and which are used in ethical international programs.
Surrogacy can refer to several different arrangements—medical, legal, and ethical. Understanding these distinctions is essential before choosing a program, a destination, or an agency.
At Nest & Co, we specialise in guiding intended parents through safe, regulated, international surrogacy, focusing exclusively on gestational surrogacy, the modern, medically recognised standard.
1. Gestational Surrogacy (The Most Common and Legally Protected Type)
The global standard for ethical, international surrogacy.
Gestational surrogacy is when a woman (the gestational carrier) carries a baby that is not genetically related to her. An embryo created via IVF—using the intended parents’ eggs/sperm or donor gametes—is transferred into her uterus.
Key features
- The surrogate has no biological link to the child
- Embryos created via IVF
- Most widely legal and regulated internationally
- Provides strongest parental rights protections
- Highest success rates
Common terms
- Gestational surrogate
- Gestational carrier
- IVF surrogacy
- Gestational surrogacy process
This is the only type used in regulated surrogacy destinations such as the USA, Canada, Greece, Colombia, and licensed programs in certain Latin American regions.
2. Traditional Surrogacy (Rare & Not Used Internationally)
Traditional surrogacy involves genetic connection and high legal risk.
In traditional surrogacy, the surrogate also provides her own egg, meaning she is genetically related to the baby. Conception may happen through IUI (intrauterine insemination) rather than IVF.
Key features
- Surrogate is the biological mother
- Legal parentage is more complicated
- High emotional and psychological risk
- Not permitted in most countries
- Not used by international programs
Why it’s rarely used
Traditional surrogacy introduces legal ambiguity and emotional complexity. Most countries that regulate surrogacy explicitly prohibit this model.
Nest & Co does not support traditional surrogacy programs.
3. Altruistic Surrogacy vs Compensated Surrogacy
Surrogacy legislation worldwide typically divides programs into two models:
Altruistic Surrogacy
(Surrogate receives no payment except expenses)
Used in:
- Canada
- The UK (non-commercial)
- Colombia
Key features
- Surrogates are reimbursed only for pregnancy-related expenses
- Agencies may be restricted in their operations
- Longer waiting times for a match
- Fewer available surrogates
Altruistic surrogacy is often chosen by parents who want a more flexible budget and are willing to wait longer for the right match.
Compensated (Commercial) Surrogacy
(Surrogates receive structured compensation)
Used in:
- United States (most states)
- Mexico (in specific legally authorised states)
- Argentina (depending on legal interpretation)
Key features
- Surrogates receive compensation
- Faster matching timelines
- Larger, more regulated program structures
- Stronger screening and legal frameworks
- Agencies and clinics provide full-service support
This model offers the highest level of legal protection and consistent surrogate availability.
4. Domestic vs International Surrogacy
Where your surrogacy journey takes place matters for cost, law & logistics.
Domestic Surrogacy
You pursue a program in your home country.
Benefits:
- Same legal system
- Easier travel
- More consistent post-birth logistics
Limitations:
- Not legal everywhere (e.g., most of Europe)
- Often more expensive (e.g., USA vs some international options)
- Long waiting lists in altruistic countries
International Surrogacy
You work with a surrogate abroad.
Benefits:
- Access to legally regulated programs
- Wider availability of surrogates
- Lower cost options
- High medical standards in specific destinations
Considerations:
- Travel coordination
- Country-specific legal processes
- Citizenship/passport requirements
Nest & Co specialises in international surrogacy guidance, helping families compare destinations such as the USA, Canada, Colombia, Mexico, and Greece.
5. Agency Surrogacy vs Independent (Private) Surrogacy
A crucial distinction often overlooked by intended parents.
Agency Surrogacy
You work with a surrogacy agency that coordinates:
- Screening
- Matching
- Contracts
- Medical care
- Case management
- Pregnancy updates
Advantages:
- Highly structured
- Lower risk
- Streamlined process
- Emotional and logistical support
Independent Surrogacy (No Agency)
Parents and the surrogate coordinate the journey without an agency.
Risks:
- No screening guarantees
- No background checks
- Higher potential for legal disputes
- Unclear financial boundaries
- Emotional relationship challenges
Independent surrogacy is not recommended, especially internationally.
Nest & Co helps parents understand the differences and choose safe agency partners abroad.
6. Ethical vs Unregulated Surrogacy
Not all surrogacy programs are equal. Laws vary dramatically.
Ethical, regulated surrogacy includes:
- Gestational surrogates
- Independent legal representation
- Psychological support
- Medical screening
- Transparent agreements
- Fair compensation
- Monitoring of clinics and agencies
Unregulated surrogacy often includes:
- No legal protections for parents
- Exploitation of surrogates
- No medical oversight
- No binding contracts
- Unsafe clinics or IVF shortcuts
- Risk of trafficking or fraud
Nest & Co guides families toward ethical, legal, and medically supervised surrogacy programs only.
Which Type of Surrogacy Is Right for You?
Most intended parents today choose gestational surrogacy within a regulated international framework because it offers:
- Clear legal parentage
- High success rates
- Ethical oversight
- Surrogate safety
- Predictable cost structure
Your personal needs, country of residence, and medical situation will determine the best path.
Nest & Co will help you understand:
- Which countries are legal for you
- Whether altruistic or compensated surrogacy is better
- Which program best fits your timeline & budget
- What risks to avoid