Who Chooses Surrogacy?

A variety of medical problems can prevent a woman from carrying her own child to term. This could include repeated miscarriages, cancer, lack of a uterus, chronic pain, diabetes, a prior traumatic delivery, and autoimmune disorders, among others.

Surrogacy offers hope to intended parents who have often been through years of prior fertility treatment and trauma or who have been left out from the opportunity to parent.

LGBT parents-to-be often need the help of a woman who is kind enough to carry a child for someone else, as well as donor sperm, or eggs, or embryos.

In South Dakota, agencies, attorneys, clinics, and psychologists, follow the guidelines of the American Society for Reproductive Medicine, which protect intended parents and gestational carriers. Informed consent and transparency throughout the pregnancy are key to ensuring a respectful process and a good outcome.

There is always a sense of hope and opportunity. Friendships between the surrogate and intended parents may be lifelong. Everyone is changed by the experience.

Currently, South Dakota is considered a surrogacy-friendly state based on case law, but there is no statute that protects it. While most surrogacy-related legal proceedings go well, we feel there is a need for regulation in order to protect everyone involved, including the child(ren). Families from South Dakota Surrogacy, Inc. is working with stakeholders to enact statutory guidelines that will be presented in 2022.

ASRM, American Society for Reproductive Medicine: A GC is used when an intended parent wants to have a child and either does not have a uterus or has a medical condition that would prevent carrying a pregnancy safely. Also, a GC may be considered for women who have a history that suggests a problem with her uterus such as recurrent miscarriage or IVF failure or when a female partner is absent (single male or gay couple).