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Just the Facts: Gestational Carrier Care in the United States

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Gestational carrier (GC) care is a long-established, medically indicated specialized modality of assisted reproductive technology (ART). It is governed by state law, subject to FDA requirements, and guided by evidence-based clinical and ethical standards developed by the American Society for Reproductive Medicine (ASRM) and the Society for Assisted Reproductive Technology (SART). GC care is not experimental, unregulated, or elective for the patients who rely on it.


What is a Gestational Carrier?

A GC is an individual who carries a pregnancy created through in vitro fertilization (IVF) using an embryo with which the carrier has no genetic relationship. This model differs from traditional surrogacy, which is rare in modern clinical practice and presents distinct ethical and legal issues. Contemporary medical and statutory frameworks overwhelmingly address gestational carrier arrangements.



Who Needs Gestational Carrier Care?

Consistent with ASRM Practice Committee guidance, gestational carrier care is appropriate when a documented medical or psychological condition makes pregnancy impossible or poses a serious risk to the intended parent or fetus. Examples include:
  • Cardiovascular conditions e.g., severe pulmonary hypertension; advanced cardiomyopathy or heart failure.
  • Autoimmune & inflammatory disorders e.g., systemic lupus erythematosus with renal or cardiac involvement; antiphospholipid antibody syndrome with prior thrombosis.
  • Renal disease e.g., advanced chronic kidney disease – stage IV-V; kidney transplant with impaired graft function.
  • Metabolic and endocrine disorders e.g., poorly controlled diabetes with end-organ damage (e.g., nephropathy, retinopathy).
  • Pulmonary disease e.g., severe cystic fibrosis; advanced interstitial lung disease or severe COPD.
  • Hematologic conditions e.g., sickle cell disease with recurrent crisis or organ damage; severe inherited or acquired thrombophilia with prior thromboembolism.
  • Oncological considerations e.g., active cancer requiring chemotherapy, radiation, or targeted therapy; recent cancer with high-risk recurrence
  • where pregnancy is contraindicated.
  • Uterine/obstetric factors posing serious maternal risk e.g., absence of a uterus (congenital or surgical); prior life-threatening complications (e.g., uterine rupture).


Gestational Carrier Myths vs. Facts

Myth: GC care is largely unregulated or a “wild west.”
Fact: GC care operates within state legal frameworks, FDA oversight, and long-standing ASRM and SART clinical and ethical guidance.

Myth: GC arrangements are common and rapidly expanding.
Fact: GC care represents a very small faction of pregnancies and ART cycles and has increased gradually, not explosively.

Myth: Systemic issues and anomalies justify restricting access to GC care.
Fact: Patients and providers are also harmed by bad actors. Targeted oversight that addresses misconduct —rather than restricting medically indicated care—is more effective and protective.


How Common is Gestational Carrier Care?

Despite increased media attention, GC care remains rare:
  • Approximately 13.7 per 100,000 US deliveries (2017-2020)
  • Roughly 1-2% of all ART cycles nationwide
  • Growth has been gradual from a historically low baseline


Clinical and Ethical Safeguards

ASRM Practice and Ethics Committee opinions establish clear safeguards, including:
  • Comprehensive medical and psychological screening
  • Robust informed consent requirements
  • Independent legal counsel for GCs
  • Recognition of the carrier’s bodily autonomy and medical decision-making authority throughout pregnancy
  • Strong preference for single-embryo transfer (SET) to reduce obstetric risk


Where Policy Gaps Exist and What Works: Evidence-Based Policy

Risks arise when laws are silent, fragmented, or misaligned with medical evidence. Overbroad ideologically driven restrictions can limit access to medically indicated care, undermine informed consent and bodily autonomy, increase legal and medical uncertainty for patients and providers, and exacerbate health risks by interfering with clinical judgement.

Jurisdictions with clear, regulated GC frameworks demonstrate:
  • Stronger protections for GCs and providers who work with them
  • Predictable parentage outcomes for children
  • Reduced risk of exploitation and abuse
  • Increased transparency and accountability
Effective policy aligns with ASRM Practice and Ethics guidance, targets misconduct directly, and preserves access to safe, ethical, physician-guided care.


Conclusion

Gestational carrier care is rare, regulated, and medically necessary for a defined group of patients. ASRM supports evidence-based oversight that closes gaps exploited by bad actors while preserving patient access, provider judgement, and ethical medical practice.


Learn More:

  • American Society for Reproductive Medicine (ASRM) Center for Policy & Leadership (CPL) Report. Gestational Carrier Policy in the United States: Regulatory Overview and Key Considerations for Policy Development, 2026.
  • American Society for Reproductive Medicine (ASRM) Ethics Committee. Consideration of the Gestational Carrier: an Ethics Committee Opinion. Fertil Steril. 2023;120(6):e63–e71.
  • American Society for Reproductive Medicine (ASRM) Ethics Committee. Family Members as Gamete Donors or Gestational Carriers. Fertil Steril. 2024;121:946–53
  • American Society for Reproductive Medicine (ASRM) Practice Committee. Recommendations for Practices Using Gestational Carriers: a Committee Opinion. FertilSteril. 2022;118(1):65–74.
  • American Society for Reproductive Medicine (ASRM) Legal Professional Group. Surrogacy Laws by State. 2024.

Resources For You

The American Society for Reproductive Medicine (ASRM) is committed to providing patients with the highest quality information about reproductive care.
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Advocacy Resources

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