Losing a partner is an unimaginable tragedy, especially when you were in the midst of planning a future together.
You can honor your partner’s legacy and fulfill your shared promise of parenthood through posthumous reproduction and surrogacy.
You might be ready to begin the matching process today, or you may need help navigating the logistics. Fill out our form to get empathetic, expert-led support from a surrogacy specialist today.
What is Posthumous Reproduction?
Posthumous reproduction is a term used by the medical and legal communities to describe the use of a deceased person’s genetic material, such as sperm, eggs, or embryos, to conceive a child.
For many, it is a way to hold onto a piece of a life cut short and to fulfill the dreams of a family that you and your partner built together.
Protecting Your Partner’s Legacy: Why a Surrogate is Vital in Posthumous Journeys
Working with a surrogate provides a necessary layer of medical and emotional security when you are pursuing parenthood after the loss of a partner.
Because you may have a limited number of embryos or gametes, the margin for error in the medical process is significantly smaller.
By choosing a surrogate who has passed a rigorous screening process, you minimize physical variables and give your partner’s genetic material the best possible chance of a successful birth.
Learn how our screening process protects your partner’s genetic legacy.
Understanding the Posthumous Surrogacy Process
If you are ready to move forward, the surrogacy process provides a structured medical and legal framework to bring your child into the world.
By working with an agency, you gain a dedicated specialist who coordinates between your IVF clinic, your surrogate and legal counsel to ensure state laws and clinic protocols are met.
- Initial Consultation: Contact a surrogacy specialist to review your medical history, existing embryos or gametes, and the legal documentation regarding your partner’s intent.
- Surrogate Matching: We connect you with pre-screened surrogates. Once you find a match, the surrogate undergoes a final in-person medical evaluation at your clinic to finalize the match.
- Legal Contracts: Attorneys will draft an agreement that establishes your rights as a single parent and confirms the legal authorization to use your partner’s genetic material.
- Embryo Transfer: Following legal clearance, the IVF clinic performs the transfer, and your agency specialist coordinates all communication between you, the surrogate, and the medical team.
- Parentage and Birth: In many states, your attorney will file for a Pre-Birth Order (PBO) during your pregnancy to establish your rights before delivery. In other jurisdictions, a Post-Birth Order or administrative process is used shortly after the birth to achieve the same result.
Preparing for Your Surrogacy Journey
At American Surrogacy, we require intended parents to have viable embryos ready for use before the official match with a surrogate is finalized.
This is a protective measure for both parties; it ensures the surrogate is not waiting on medical procedures that may have uncertain outcomes, and it allows you to move directly into the legal and medical transfer phase once you find the right person.
If You Already Have Created Embryos
If you and your partner previously created and stored embryos, you are in the best position to begin the matching process immediately.
Your primary step is to ensure your current IVF clinic is prepared to work directly with your chosen surrogate.
If You Have Preserved Sperm or Eggs
If you have your partner’s preserved gametes but have not yet created embryos, your first step is working with a clinic to create embryos.
You do not have to wait for embryos to be ready to contact an agency. While you cannot be officially “matched” or medically screened until embryos are viable, you can still complete your surrogacy planning questionnaire and intended parent profile in the meantime.
Starting these steps now ensures that as soon as your embryos are ready, your agency can immediately begin your search for a surrogate.
Navigating the Legal and Ethical Landscape
The legalities of posthumous reproduction vary significantly by state. It is critical to address these three areas immediately:
- Written Consent: Most clinics and courts require clear, written intent from the deceased partner expressing their desire for their genetic material to be used posthumously.
- Social Security and Inheritance: Laws regarding whether a posthumously conceived child is considered a legal heir vary. You will need a surrogacy professional to help navigate these “what ifs”.
- Clinic Policies: Every IVF clinic has different protocols for the release of gametes after a death. Ensure your legal team coordinates directly with your medical providers.
Navigating Parenthood After Loss
Choosing to pursue parenthood after the loss of a partner is a courageous step that often exists in the space between mourning and hope.
You might be continuing a process you started together or starting a new chapter to honor your shared dreams. It is natural to feel a mix of profound sorrow and quiet excitement during this time.
This journey carries significant weight because of the deep emotional connection to your partner’s genetic material. We recognize that you are fulfilling a promise made to the person you loved.
Our role is to provide a stable, professional environment so you can focus on your emotional wellbeing while we manage the complexities of the surrogacy process for you.
Take the Next Step Toward Your Shared Dream
When you are ready to explore your options, we are here to help You don’t have to carry this dream alone. Our specialists are here to provide the empathy and medical assurance you need to move forward.
Speak with a specialist about your specific situation.