Medical and legal differences between gestational and traditional surrogacy

1. Defining gestational and traditional surrogacy
2. Main differences between gestational and traditional surrogacy
3. Advantages and disadvantages of each method
4. Traditional surrogacy
5. Gestational surrogacy
6. The process of conception and the role of the biological parents
7. Legal and ethical aspects
8. Psychological aspects

It is important to understand this issue beforehand, as gestational and traditional surrogacy are two fundamentally different approaches to carrying a child, each with its own medical, legal and ethical considerations, as well as costs in different countries. Understanding these differences will help you make an informed decision and choose the most appropriate option for your family.

Defining gestational and traditional surrogacy

What is traditional surrogacy and gestational surrogacy is the main question that will make it clear which one is right for you. 

Traditional surrogacy

Traditional surrogacy is an earlier form of assisted reproduction in which the gestational surrogate has a genetic link to the child. In this case, her own egg cell is fertilised by the sperm of the intended father or a donor using intrauterine insemination.

In 2025, traditional surrogacy does not apply. Clinics and agencies do not offer future parents this technique. However, in the United States and the United Kingdom, this practice is still sometimes encountered. 

Gestational surrogacy

Gestational surrogacy is a standardised, widespread method of treating infertility in which the surrogate mother has no genetic link to the child to be carried. The embryo is created in laboratory conditions using egg cells and spermatozoa of donors of various races genetic parents or close to the intended parents. 

It is gestational surrogacy that in 2025 is the standard of modern reproductive medicine and is used in reproductive clinics as one of the most effective infertility treatment methods along with IVF. This approach is enshrined in legislation.

Main differences between gestational and traditional surrogacy

The difference between gestational and traditional surrogacy affects all aspects of the procedure, from medical protocols to legal implications.

The process of conception and the role of the biological parents

Traditional surrogacy vs gestational surrogacy differ in the invasiveness of the procedures. Gestational surrogacy uses IVF, while traditional surrogacy uses IUI. The traditional method is less medically invasive, but creates more ethical dilemmas.

Legal and ethical aspects

Legal differences between methods are critical to understanding. In traditional vs gestational surrogacy, the legal procedures are drastically different. In gestational surrogacy:

• The genetic parents are automatically recognised as legal parents (in some countries, the surrogate is recognised as legal until the court decides to transfer parental rights to the intended parents).
• The surrogate mother does not have parental rights (there are exceptions. In Belgium she has and can keep the child. In Ukraine, 100% of parental rights belong to the parents at the stage of signing the contract).
• Simplified procedure for processing documents of a newborn (depending on the country of the programme). Possibility to legally conduct distance programmes.
• Minimal legal risks for all parties (depending on the programme country).

It is important for prospective parents to choose countries with clear legislative regulation of surrogacy in order to have a safe birth of a child and obtain full parental rights. For example, cooperation with a Ukrainian surrogate mother 100% excludes the risks of non-recognition of you as the legal parents of the child.

Traditional surrogacy is characterised by the following:

• the surrogate mother is the biological mother;
• the procedure of relinquishing parental rights is necessary;
• the possibility of the surrogate mother changing her mind;
• complicated adoption procedure for the intended mother.

To be fair, the last three points are also common to gestational surrogacy in countries where it is poorly regulated by laws and the surrogate is automatically recognised as the legal mother until the intended parents can reassign parental rights through the courts. In some countries – provided the surrogate has not changed her mind and does not want to keep the child. In this case, there is a possibility that the court will take her side and the intended parents will be left without a child and without money.

Feskov Human Reproduction Group works exclusively with gestational surrogacy and Ukrainian surrogate mothers from its extensive database. This ensures maximum legal protection for all participants in the programme, eliminating the possibility of the surrogate mother keeping the child for herself.

Psychological aspects

The emotional component is another important factor when comparing methods. What is traditional surrogacy and gestational surrogacy in terms of psychology? According to the gestational method:

• lack of genetic link reduces emotional attachment;
• clear understanding of the roles of all participants;
• less stress for the surrogate mother when handing over the baby;
• psychological support focuses on the process of gestation.

Of course, all the above points are not 100% guaranteed, because the programme involves living people with their own emotions, expectations, fears. However, the absence of a genetic link and the clear work of a reproductive psychologist can stabilise the situation in a short time.

With the traditional method everything is much more complicated:

• high risk of emotional attachment to the child;
• internal conflict between maternal feelings and contractual obligations;
• the need for intensive psychological preparation;
• risk of changing the decision in late pregnancy.

In 2025, it is difficult to imagine conducting a reproductive programme with traditional surrogacy not only because of the above features, but also because of the current orientation of society to prevent exploitation of women and violation of moral and ethical norms.

Advantages and disadvantages of each method

Analysing the difference between traditional and gestational surrogacy, it is possible to objectively assess the pros and cons of each approach. 

Advantages of gestational surrogacy:

• a genetic link between the child and at least one of the intended parents;
• minimal legal risks and simplified paperwork;
• absence of severe emotional conflicts for the surrogate mother;
• the possibility of using donor egg cells if necessary;
• international recognition and legal support.

Not all countries allow even gestational surrogacy. But where it is allowed, in cooperation with experienced reproductive specialists and lawyers, expectant parents can hope for the safe birth of a healthy child and his legalisation.

Disadvantages of gestational surrogacy:

• quite high price of the procedure;
• the need for complex medical interventions;
• high requirements to the quality of egg cells and spermatozoa;
• the need for hormonal stimulation.

The difficulties of gestational surrogacy are shared by the intended parents with the surrogate mother. Part of the negative effects of medical interventions are reduced by the gentle dose of hormones used during stimulation, and the transfer of no more than 2 embryos in a single IVF.

Advantages of traditional surrogacy:

• relatively simple medical procedure;
• lower cost of treatment;
• no need for IVF protocols.

Of course, IUI is a less invasive procedure than IVF. But the procedure has too many serious disadvantages that have led to its ban in most countries around the world.

The disadvantages of traditional surrogacy:

• high legal and emotional risks;
• genetic link between the surrogate and the child;
• impossibility of international programmes;
• extremely limited availability of the service.
• lack of opportunity to choose a healthy embryo and the sex of the child.

The only legally and ethically acceptable standard of reproductive medicine is gestational surrogacy.

Feskov Human Reproduction Group works in the legal field of Ukraine, which 100% regulates surrogacy and protection of parental rights of intended parents. Your child can be born in any country of your choice – we will be happy to recommend the best destinations in terms of ease of legalisation of the newborn, taking into account your citizenship and marital status. In addition to a 100% guarantee of a healthy baby at a fixed price, our programmes also include a surrogate mother and full legal support until the child obtains citizenship in your country. 

Would you like a free selection of surrogacy countries suitable for your situation? Contact a manager on our website!