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Evidence Library · The basics

Gestational carriers, briefly

Outcomes are slightly better than other IVF pregnancies and worse than ordinary ones.

Use of gestational carriers has grown steadily. Embryo transfer cycles using a carrier rose from 3,202 in 2012 to 8,862 in 2021, from 2.4% to 4.4% of all assisted reproduction cycles, and 90% of reporting clinics offer the service. Use rises with the intended parent's age, from 2.9% of transfers under 35 to 9.0% over 40.

The outcome data, pooled across 6 studies covering 28,300 gestational carrier pregnancies against 1,270,662 others:

ComparisonOutcomeAdjusted odds ratio (95% CI)
Carrier vs other IVF pregnanciesHypertensive disorders0.86 (0.45 to 1.64), no difference
Carrier vs other IVF pregnanciesPreterm birth0.82 (0.68 to 1.00), no difference
Carrier vs other IVF pregnanciesCesarean delivery0.42 (0.27 to 0.65), lower
Carrier vs general pregnanciesHypertensive disorders1.44 (1.13 to 1.84), higher

Carriers were more likely to have a multiple pregnancy than other IVF patients (odds ratio 1.18), which is the finding most within anyone's control. Almost all of them had given birth before: only 6 of 361 in one dataset were nulliparous, meaning they had never given birth.

The carrier's rights, from the fertility field's own ethics opinionAll gestational carriers have a right to be fully informed of the risks as well as the contractual and legal aspects; they have autonomy in making their own decisions regarding medical care and should be free from undue influences by the stakeholders involved; they should have access to psychological evaluation and counselling before, during, and after; and GCs require separate independent legal counsel regarding the contract and arrangement.

Separate. Not the intended parents' lawyer, and not the agency's.
On the lawThe legal status of gestational surrogacy in the United States is set at state level and varies substantially, including whether contracts are enforceable and how legal parentage is established. There is no uniform federal law.

This guide deliberately does not list which states permit what. State law here changes frequently, any list dates immediately, and a stale list would function as legal advice. Both the intended parents and the carrier need separate lawyers licensed in the relevant state. That, rather than any list, is the reliable instruction.
Where this comes from:
108. Matsuzaki S, Masjedi AD, Matsuzaki S, Anderson ZS, Erickson KV, Mandelbaum RS, et al. Obstetric characteristics and outcomes of gestational carrier pregnancies: a systematic review and meta-analysis. JAMA Netw Open. 2024;7(7):e2422634.
109. Ethics Committee of the American Society for Reproductive Medicine. Consideration of the gestational carrier: an Ethics Committee opinion. Fertil Steril. 2023;119(4):583-588.
96. Centers for Disease Control and Prevention. 2021 assisted reproductive technology fertility clinic and national summary report. Atlanta: US Department of Health and Human Services; 2023.

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