Infertility remains the quietest struggle for families across the country.
The anxious waiting. The frustration when things don’t work out as planned. And the grief behind losing the greatest gift that many could ask for.
But beyond the inner quarrel, recent years have brought on a steady answer to the weight-bearing grapple. Surrogacy has been a key solution to the reality of many, including reproductive law attorney Courtney Johnson.
Johnson and her husband Matt choose the path of surrogacy following unsuccessful attempts to conceive.
“It’s a very painful road, and it’s very lonely,” said Johnson. “I remember all of my friends were having babies seemingly easily. And I love their children and was always very happy for my friends, but it was very lonely and very isolating.”
In the United States, 13.4% of women up to age 49 have faced infertility, according to the Center for Disease Control and Prevention. Many often turn to gestational surrogacy as a result, Johnson said.
It’s an intricate process. An arranged “surrogate mother,”” carries and delivers a child to term on behalf of the intended parents, Johnson said. To do this, embryos are created by in vitro fertilization (IVF) using the intended parents’ egg and sperm. It’s then transferred to the surrogate’s uterus.
In traditional cases, Johnson said, the surrogate has no genetic relationship with the child and is required to have already had at least one successful pregnancy.
Johnson said the two had embryos already saved and waiting for them. So, it was the perfect option. They matched with their surrogate soon after, who gave birth to their son in 2020.
The unconventional conception method has become more exposed in recent years, with 2,000 to 3,000 babies being born via surrogate annually in the U.S., according to Surrogate Prime. It’s a multi-billion-dollar market. Johnson said it varies on why some families choose the alternate route.
Infertility is a big reason, but others include LGBTQ+ and single-parent family building, older age and personal health preferences. It’s a way to take extra steps beyond the “easy way,” Johnson said.
As an attorney, Johnson specifically deals with surrogacy and family formation law. She represents intended parents and sometimes the surrogate mothers. The legal parameters, she said, are a big part of making the process go as smoothly as possible.
“It’s the biggest commitment you can make with another person probably short of marrying someone. So, the lawyers put together what’s called a gestational surrogacy agreement that outlines all of the rights and obligations of everyone entering into this.”
Before the child’s birth, Johnson said she assists with reproductive agreements, as well as basic expectations like the surrogate’s full commitment to the entire process. After birth, she helps with more intricate rules, such as deciphering parental rights. This includes naming the child, for example.
“I go to court and get a court order that says that the parents are the legal parents of the child and that’s on a day to day. I coordinate with surrogacy agencies and hospitals and doctors’ offices. [There are] lots of players involved.”
Johnson has been practicing law for almost 15 years. She started off by doing basic civil litigation. But, when she and her husband began trying for a child, her passion shifted.
“[We] went down the whole road with IVF, and we had lots of miscarriages,” she said. “Ultimately, we were advised that surrogacy would be our best route to move forward.”
As the surrogate mother lived in Las Vegas, Johnson would often travel to her for appointments. They developed a close bond that she said still carries to this day.
“I would give her my right arm if she ever needed it. I just love her more than life, you know. She gave so much to me.”
Johnson’s son is now 6 years old and thriving, she said. March was Surrogacy Awareness Month, but Johnson prides herself in ridding the surrounding stigmas and misconceptions every day.
“I’m always happy to talk about it because I never want my son to feel like it is weird. Or something that he should be ashamed of, because it’s not.”
Recently, Johnson officially opened her own firm, Courtney Johnson Law, providing services for not only gestational surrogacy, but also embryo donation, egg and sperm donation and parentage confirmation. Her job, she said, allows her to not only fulfill a personal passion but also educate other families on a process that’s near to her heart.
“I think it’s the most beautiful gift that someone can give to someone else."
