Understanding the New ASRM Gestational Carrier Policy in the United States | Why It Matters for Your Family-Building Journey

Family building through gestational carriers has long been a profound, life-changing path for individuals and couples who cannot carry a pregnancy themselves. It’s medical. It’s emotional. And it’s deeply personal. Recently, the American Society for Reproductive Medicine (ASRM) released Gestational Carrier Policy in the United States, a policy resource aimed at lawmakers, clinicians, carriers, and intended parents alike, underscoring the critical legal, medical, and ethical considerations around gestational carrier arrangements. This guidance matters for anyone navigating assisted reproductive technology, third-party reproduction, or gestational surrogacy across the country.

At its core, the ASRM policy emphasizes that gestational carrier arrangements are a medically recognized family-building option carried out under existing legal frameworks and shaped by clinical guidance from ASRM and the Society for Assisted Reproductive Technology (SART). These arrangements involve transferring an embryo created through in vitro fertilization (IVF) into a gestational carrier’s uterus, where she carries the pregnancy to term without being genetically related to the child.

Despite representing a small percentage of births nationwide, gestational carrier pregnancies are a vital pathway for many intended parents. Data show that gestational carrier pregnancies have risen steadily in recent years, illustrating a growing need for clear policy, clinical support, and legal certainty for everyone involved.

One of the most important aspects of the ASRM resource is its attention to clinical best practices and patient protection. The policy highlights established clinical guidance that defines when gestational carrier arrangements are medically appropriate. These include scenarios such as:

• Absence of a uterus or significant uterine anomalies.
• Medical conditions where carrying a pregnancy would pose a serious risk to the intended parent’s health.
• Circumstances where biological gestation is not possible, such as for some male couples or single men.

This underscores that gestational carriers aren’t just a reproductive option. They’re essential healthcare for patients with documented medical indications that make pregnancy unsafe or medically impossible. This resource also calls for safeguards like independent legal counsel, comprehensive informed consent, and recognition of the carrier’s authority over her medical care throughout the pregnancy. These protections help guard the rights and wellbeing of both the gestational carrier and the intended parents.

One of the biggest challenges for many families is the uneven legal landscape across states. Some stateslike Florida explicitly authorize gestational carrier arrangements with enforceable contracts and parentage orders. Others have no clear laws, and a few still void or restrict such contracts altogether. That uncertainty can create emotional and legal hurdles for intended parents and carriers alike.

The ASRM policy resource serves as a framework for lawmakers—encouraging evidence-based, patient-centered lawmaking that supports access to care while aligning with clinical best practices. It provides key questions and design principles for legislators that can help protect access to medically indicated gestational carrier services, uphold bodily autonomy, and avoid unnecessary barriers in the law.

• Gestational carrier arrangements involve complex medical, psychological, and legal dimensions. Working with a trusted attorney early for both sides of the match in the process helps clarify parentage laws, consent requirements, and contract enforceability in your state.

• ASRM’s recommendations reflect the most up-to-date clinical and ethical thinking in reproductive medicine and are often referenced in both clinical practice and policy discussions.

• Informed consent, screening, and legal counsel for carriers and intended parents aren’t just best practices—they’re central to ethical and safe family building.

• Legislative clarity matters. As state laws evolve, having a legal advocate who understands assisted reproductive technology law can protect your rights and help ensure smoother parentage recognition.

At Tate Healey Webster, we understand how deeply personal the decision to work with a gestational carrier is. We also know how critical clear legal guidance can be as you navigate this path. Whether you’re exploring gestational carrier agreements, need counsel on parentage orders, or want support through the entire assisted reproductive law process, we’re here to walk alongside you with compassion, clarity, and confidence.

If you’re exploring gestational carrier family building in Florida or beyond, we’re here to help you understand your options and protect your rights every step of the way.