Closed Surrogacy

What is Closed Surrogacy?
Closed surrogacy is an arrangement where the gestational surrogate and the intended parents maintain anonymity and have no direct contact before, during, or after the surrogacy process. Communication, if any, occurs through intermediaries like surrogacy agencies or attorneys, ensuring privacy for both parties. This contrasts with open surrogacy, where relationships and communication are more direct and ongoing.

How Closed Surrogacy Works
In closed surrogacy, the process begins with matching a surrogate and intended parents through a surrogacy agency or clinic, prioritizing mutual preferences for anonymity. Personal details — such as names, addresses, or identifying information — are typically withheld. The surrogate undergoes medical procedures like embryo transfer, carries the pregnancy, and delivers the baby, while agency staff or legal professionals coordinate logistics, medical updates, and legal agreements. After birth, the baby is transferred to the intended parents, and contact ceases unless otherwise agreed. The surrogate and parents sign contracts ensuring no future relationship or obligations beyond the agreed terms.

What’s Its Role in Surrogacy?
Closed surrogacy appeals to those seeking clear emotional and legal boundaries. For gestational surrogates, it offers a way to focus on the pregnancy without forming personal ties, which can simplify the emotional handover of the baby. For intended parents, it provides privacy, especially in high-profile cases or when cultural or personal factors favor discretion. While less common than open surrogacy today due to preferences for transparency, closed surrogacy remains a valid option for those prioritizing separation.

What Are Common Features?

  • Anonymity: Identifying information is kept confidential, with communication routed through third parties.
  • Agency Mediation: Surrogacy agencies manage all interactions, from matching to post-birth logistics.
  • Legal Clarity: Contracts explicitly outline no post-birth contact, protecting both parties’ rights.
  • Medical Focus: The surrogate’s role centers on pregnancy and delivery, with minimal personal involvement with intended parents.
  • Post-Birth Separation: After delivery, the surrogate and intended parents part ways, with no expectation of future updates or relationships.

Where Did It Come From?
Closed surrogacy emerged in the early days of modern surrogacy in the 1980s, when privacy was a priority due to social stigma and legal uncertainties. The first surrogacy agencies in the United States — notably in Los Angeles, California — adopted closed models to protect clients, drawing from adoption practices where anonymity was standard. In the United Kingdom, surrogacy arrangements in London leaned toward closed frameworks post the 1985 Surrogacy Arrangements Act, reflecting caution around unregulated practices. As open surrogacy gained favor in the 2000s, closed surrogacy became less prevalent but persists in regions like parts of Asia, such as Bangkok, Thailand, where anonymity aligns with cultural norms.

Who Chooses Closed Surrogacy?

  • Surrogates: Those preferring emotional distance or wanting to focus solely on the physical role of pregnancy.
  • Intended Parents: Individuals seeking privacy, such as public figures, or those who find emotional separation easier.
  • Agencies and Clinics: Professionals facilitating matches for clients who value confidentiality over connection.

What Are Benefits and Considerations?

  • Benefits: Offers privacy, reduces emotional complexity, and simplifies post-birth transitions for both parties.
  • Challenges: Lack of direct communication can lead to misunderstandings, and some surrogates or parents may later regret the absence of connection.
  • Emotional Impact: Anonymity can feel isolating for surrogates craving acknowledgment or for parents curious about the surrogate’s experience, though it suits those desiring detachment.

What About Legal and Financial Aspects?
Closed surrogacy requires robust legal agreements, costing $5,000-$10,000 in the U.S., to define anonymity, compensation, and parental rights. Surrogacy fees, including medical and agency costs, typically range from $100,000-$150,000, similar to open surrogacy. Laws vary — California and Connecticut support clear surrogacy contracts, while countries like India, before its 2021 ban, favored closed models for international clients. Anonymity must comply with local regulations, especially for birth certificates and custody.

Why Does It Matter?
Closed surrogacy offers a distinct path for those valuing privacy and boundaries, empowering surrogates and intended parents to choose what feels right for them. Understanding this option helps potential surrogates weigh their comfort with anonymity versus connection, building confidence in their decisions. For agencies, offering clear insights into closed surrogacy establishes expertise, guiding clients through a less common but still vital arrangement.

Related Terms

Closed surrogacy balances privacy with purpose, creating families while honoring the desire for distance in a deeply personal journey.

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