In recent years, the topic of surrogacy has gained more attention and become a more widely accepted form of assisted reproduction. As the demand for surrogacy increases, so does the discussion around the different methods, including traditional surrogacy and intra cervical insemination (ICI). While both methods involve the use of a surrogate mother to carry and give birth to a child, there are significant legal differences between the two. In this blog post, we will delve into the details of these two methods and explore the legal implications of each.
Traditional Surrogacy:
Traditional surrogacy, also known as genetic surrogacy, involves the surrogate mother using her own egg to conceive the child through artificial insemination. This means that the surrogate mother is both the genetic and gestational mother of the child. The intended mother or a donor provides the sperm for the insemination process.
Legal Implications:
The main legal difference with traditional surrogacy is the involvement of the surrogate mother’s genetic material. This can create complex legal issues, as she may have parental rights to the child, even if she is not the intended parent. In some cases, the surrogate mother may decide to keep the child, leading to a lengthy and emotional custody battle. This is why it is crucial to have a detailed and legally binding surrogacy contract in place before the process begins.
In traditional surrogacy, the surrogate mother may also have the right to change her mind and refuse to give the child to the intended parents, even if she has no genetic ties to the child. This can happen if she forms an emotional attachment to the child or if she feels that the intended parents are not fit to raise the child. This can lead to complicated and lengthy legal battles, which can cause emotional and financial strain for all parties involved.

Intra Cervical Insemination vs. Traditional Surrogacy: Understanding the Legal Differences
Intra Cervical Insemination (ICI):
Intra cervical insemination, also known as gestational surrogacy, involves the use of a gestational carrier who has no genetic ties to the child. The intended parents provide both the sperm and egg, which are then fertilized through a medical procedure and implanted into the surrogate mother’s uterus. The surrogate mother carries the child to term but has no genetic relation to the child.
Legal Implications:
One of the main legal advantages of ICI is that the intended parents have full parental rights to the child. As the child has no genetic ties to the surrogate mother, she cannot claim any parental rights or change her mind about giving the child to the intended parents. This makes the process more straightforward and less prone to legal complications.
Another legal advantage of ICI is that the intended parents can establish their legal rights to the child before the birth through a pre-birth order. This legal document ensures that the intended parents are listed as the legal parents on the birth certificate and have full custody of the child from the moment of birth. This provides a sense of security for the intended parents and eliminates any potential legal battles after the birth.
Summary:
In conclusion, while both traditional surrogacy and ICI involve the use of a surrogate mother to carry and give birth to a child, there are significant legal differences between the two. Traditional surrogacy involves the use of the surrogate mother’s genetic material, which can create complex legal issues and potential custody battles. On the other hand, ICI involves the use of a gestational carrier who has no genetic ties to the child, providing a more straightforward and legally secure process for the intended parents. It is essential for anyone considering surrogacy to understand these legal differences and seek proper legal guidance to ensure a smooth and successful journey towards parenthood.








