Adoption and surrogacy are two of the numerous ways to start a family. From genetic make-up of a child to financial costs, there are many factors to consider when deciding what is best for your family.
How does adoption work?
Adoption gives adoptive parents a legal tie to a child by severing the legal tie between the child and their biological parents. There are many different types of adoption, each for a different situation. For example, adoptions can take place through a formal adoption agency, within a family, or after the birth parent’s parental rights have been terminated by a court.
In Missouri, adoptions can be “open” or “closed.” Open adoptions facilitate communication between the birth parents and the child after adoption through a Post-Adoption Contact Agreement (PACA). Closed adoptions will keep the birth mother and father’s information confidential and do not provide a route for communication between the birth parents, adoptive parents, and child.
Skilled adoption attorneys can provide great resources to help guide you through the adoption process.
How does surrogacy work?
One of the major differences between surrogacy and adoption is that surrogacy allows parents to be genetically connected to their child. The gestational surrogate (the woman who will give birth) becomes pregnant through embryo transfer, so one or both intended parents can be the genetic parents of the child. Surrogacy begins with a very extensive screening of the gestational surrogate and the intended parents, which takes place before pregnancy can occur.
A gestational surrogate also must complete a very detailed medical history screening, medical evaluation, and psychological evaluation. After these initial screenings are complete, an attorney can then draft the legal documents required to move forward with the surrogacy. Each state has different laws governing surrogacy, so working with an assisted reproduction attorney is helpful in moving you through the process smoothly.
PACAs and post-delivery contact
As briefly mentioned above, a PACA is an agreement used in adoption cases. Sometimes, a biological parent wants to get yearly photos and updates from the child or even have visits with the child. Surrogates, on the other hand, rarely have much, if any, post-delivery contact.
Check out our previous blog post about PACAs to learn more about what they are.
Finances
Both surrogacy and adoption have financial implications. Often, the surrogacy process is more expensive than adoption. Gestational surrogates are usually compensated throughout the entire pregnancy for things like their time, energy, prenatal care, and transportation.
Surrogacy also includes agency expenses. The adoption process is typically going to be less costly, and adoptive parents are eligible for a federal tax credit during the year they adopt. Adoption agencies are paid a fee, and birth mothers may also be paid for their expenses.
So… which is best for you?
Sometimes deciding between adoption and surrogacy is clear, but not always. Juggling the pros and cons without any guidance can be difficult, but you don’t have to go into this process alone.
An experienced adoption and assisted reproduction attorney at Paule, Camazine, & Blumenthal, P.C. can help guide you towards the best option for you and your family.
*The author is grateful for the assistance of Caroline Vaaler, Saint Louis University School of Law student, anticipated graduation May 2026, in the preparation of this article.
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