The Short Answer
It depends on the type of surrogacy:
✔ Traditional Surrogacy → Yes, she is the genetic and birth mother.
✔ Gestational Surrogacy → No, she carries the baby but shares no DNA.
Breaking Down the Terminology
1. Traditional Surrogacy (Genetic + Birth Mother)
- The surrogate uses her own egg, making her the biological mother.
- She is both:
- Genetic mother (provides DNA).
- Birth mother (carries and delivers the baby).
- Legal complexities exist, as she has parental rights until post-birth legal processes are completed.
2. Gestational Surrogacy (Birth Mother Only)
- The surrogate carries an embryo created via IVF (egg from intended mother or donor).
- She is:
- Birth mother (physically carries the baby).
- Not genetically related to the child.
- Legally, she has no parental rights in most jurisdictions.
Legal & Emotional Implications
Parental Rights
- Traditional Surrogacy: Some states/countries require adoption or custody transfers post-birth.
- Gestational Surrogacy: Pre-birth orders typically establish intended parents’ rights early.
Cultural & Social Perceptions
- Some cultures view birth mothers as having an irrevocable bond, regardless of genetics.
- Modern surrogacy laws increasingly distinguish between genetic and gestational motherhood.
Medical Records & Birth Certificates
- Birth certificate:
- Traditional surrogacy may initially list the surrogate (later amended).
- Gestational surrogacy often lists intended parents directly.
Key Takeaways
- ”Birth mother” = The woman who delivers the baby.
- ”Genetic mother” = The woman who provides the egg.
- Gestational surrogates are birth mothers but not genetic mothers.
- Traditional surrogates are both.
Legal definitions vary by country—always consult a reproductive attorney.
