When exploring surrogacy, most people encounter two terms quickly — gestational vs traditional surrogacy — and wonder whether they’re interchangeable. They’re not, and in Virginia the difference matters more than you might expect.
In traditional surrogacy, the surrogate is also the biological mother of the child. Her own egg is used — fertilized by the intended father’s sperm or by donor sperm. That means she has a genetic connection to the baby she carries.
This was the original form of surrogacy, predating modern IVF technology. Medically, it’s simpler: artificial insemination is typically used, with no egg retrieval required. But the genetic link between the surrogate and the child creates real legal and emotional complexity.
In most states — including Virginia — a traditional surrogate has potential parental rights to the child she carries. She is, genetically, the mother. Those rights require legal termination. The process looks more like adoption than surrogacy. And carrying a child you are genetically connected to, then releasing that child, is a fundamentally different emotional experience than gestational surrogacy.
The Baby M case — the most famous legal battle in surrogacy history — arose from a traditional surrogacy arrangement in New Jersey in the 1980s. It shaped surrogacy law for decades. That case is a significant reason why virtually all reputable agencies in the United States, including Chesapeake Surrogacy Center, do not facilitate traditional surrogacy.
In gestational surrogacy, the surrogate has no genetic connection to the child she carries. An embryo is created through IVF using the intended parents’ eggs and sperm — or donor material. That embryo is then transferred to the surrogate’s uterus. She carries and delivers the pregnancy, but the child is not genetically hers.
This distinction makes gestational surrogacy legally cleaner and emotionally clearer. Both matter.
Legally, in states with established surrogacy law, intended parents can obtain a birth order. This order establishes their legal parentage — no adoption required. The surrogate’s lack of genetic connection is part of what makes this possible.
Emotionally, most gestational surrogates describe their experience as carrying a child for someone else — not giving up their own child. That clarity matters. It’s one of the things our psychological evaluation specifically assesses. Surrogates who genuinely understand this distinction tend to navigate the journey in a healthier, more grounded way.
Virginia’s legal framework around surrogacy has historically been shaped by concerns that apply far more to traditional surrogacy than to gestational surrogacy. When a surrogate is also the genetic mother — the Baby M scenario — the parental rights question is genuinely complex. When she has no genetic connection to the child, the legal picture is much cleaner.
Understanding this distinction helps explain Virginia’s evolving legal landscape. The state is moving toward a clearer framework for gestational surrogacy specifically. That evolution reflects what medical and legal professionals have recognized for decades: gestational surrogacy and traditional surrogacy are different arrangements with different legal implications.
Chesapeake Surrogacy Center exclusively facilitates gestational surrogacy. Every intended parent we work with has a clear path to legal parentage. Every surrogate in our program has no genetic connection to the child she carries.
“Surrogate” and “gestational carrier” are often used interchangeably in everyday conversation. Technically, “gestational carrier” is more precise — it refers specifically to a woman who carries a pregnancy she has no genetic connection to. You’ll see this term in legal documents and medical contexts, and it matters in those settings.
We use both terms because most people searching for information use “surrogate.” But at Chesapeake Surrogacy Center, we only facilitate gestational surrogacy — the type that is legally cleaner, emotionally clearer, and better supported by the infrastructure that has developed around surrogacy over the past several decades.
The choice between gestational vs traditional surrogacy isn’t really a choice for most families — gestational surrogacy is the clear standard, and it’s the only type we facilitate. Almost all surrogacy arrangements in the United States today are gestational. The legal landscape has evolved specifically around gestational surrogacy because the science is clear, the parental rights question is cleaner, and the emotional experience for everyone involved is healthier.
For Virginia families exploring surrogacy — whether as potential surrogates or as intended parents — understanding this distinction early helps you ask better questions, evaluate agencies more accurately, and enter the process with a clearer picture of what you’re considering.
To learn more about how gestational surrogacy works in Virginia, visit our step-by-step surrogacy process guide — or reach out to our team directly. We’re happy to walk you through it.
Surrogates: reach out to Kaci Moore, our Recruitment and Intake Manager, or start your application when you’re ready.
Intended Parents: complete our inquiry form to get started, or schedule a comprehensive consultation with Director Andrea McAfee when you’re ready to talk through your specific situation.
