Surrogate Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Surrogate, written in plain English, along with examples of how it is used.

What is Surrogate?

1\) A representative or subsitute of one, especially in cases of infertile mothers for whom one (other woman) can bear a child, or one acting in place of where other had to be present 2) The decider or an officer in some states United States, responsible for hearing of the probates of wills, testaments and estates.

History and Meaning of Surrogate

The term "surrogate" comes from the Latin "surrogatus," which means "substitute." In modern times, it typically refers to a woman who carries and delivers a child for another individual or couple who cannot carry a pregnancy to term themselves. This practice has been around for thousands of years in various forms, but it wasn't until the 20th century that advancements in reproductive technology made it a more mainstream option for those who couldn't conceive on their own.

In addition to gestational surrogacy, where a surrogate carries a child conceived using assisted reproductive technologies (ART) with the intended parents' or donors' sperm and/or egg, there is also traditional surrogacy. In this method, a woman is inseminated with sperm from the intended father or a donor and carries a child that is genetically related to her.

Examples of Surrogate

  1. Lisa couldn't carry a pregnancy to term due to a medical condition, so she worked with a surrogate to have her biological child.
  2. Tom and Jerry, a gay couple, used a surrogate to carry and deliver their child.
  3. Sarah acted as a surrogate for her best friend who couldn't conceive after cancer treatment.
  4. The surrogate and the intended parents had to work with a lawyer to draft a surrogacy contract outlining the terms of the arrangement.
  5. Due to legal issues surrounding surrogacy in their home state, Mark and Susan traveled to a more surrogacy-friendly state to have a child.

Legal Terms Similar to Surrogate

  1. Guardian ad litem: Someone appointed to represent the legal interests of a person who is unable to do so themselves, such as a minor child or incapacitated adult.
  2. Power of attorney: A legal document that grants someone else the authority to make decisions or act on behalf of the person who signed the document.
  3. Trustee: Someone who holds and manages property or assets for the benefit of someone else, according to the terms of a trust agreement.