Surrogacy
What is Surrogacy?
Surrogacy is an arrangement, supported by a legal agreement, whereby a woman or person (the surrogate mother or parent ) agrees to bear a child for another woman, person or couple, who will become the child's parent(s) after birth. There are two types of surrogacy:
Full surrogacy (also known as host/gestational surrogacy) when the eggs of the intended mother or a donor are used and there is therefore no genetic connection between the baby and the surrogate.
Partial surrogacy (also known as straight or traditional surrogacy) involves the surrogate’s egg being fertilised with the sperm of the donor (known or unknown through your chosen sperm bank). If you go down this route, we recommend you have treatment at a licensed UK fertility clinic.
Success Rates
Success rates differ for surrogacy dependant on the woman’s fertility, the sperm used & what kind of treatment you use.
Costs
The cost of Surrogacy in the UK & also in the USA is only expenses (This can vary up to £10-15k but is higher if carrying twins for example) it is illegal to pay more. To pay more than expenses for a surrogate to assist you in creating your family you would need to travel outside of the UK/USA. In many countries a surrogate can cost in excess of £50,000 on top of expense costs, you would also have to pay for your surrogates clinic treatment, medical costs, your own travel & expenses & legal costs.
Resources
If you are looking for advice on Surrogacy below are some helpful resources that can offer further information;
Surrogacy UK (UK) Not-for-profit Surrogacy organisation in the UK
UK Government (UK) UK Government website advice
Brilliant Beginnings (UK & Abroad) Surrogacy Agency
Surrogacy Australia (AUS) A Not-for-profit organization providing support to Australians who wish to use a surrogate to start their family
Sensible Surrogacy (Worldwide) Provides insightful information regarding worldwide Surrogacy laws & where it is legal or illegal to have a Surrogate. It also advised where LGBT+ people are unable to go to obtain a surrogate.
My Surrogacy Journey- This is a UK Not for profit organisation that supports surrogates through their journey & also connects them with intended parents.
Legalities of Surrogacy
Surrogacy involves a lot of complicated legal issues which is why you should seek independent legal advice, especially if you’re having treatment overseas.
The most important thing to know is that, in the UK, the surrogate is the legal mother of the child unless you get a parental order from the court; even if the eggs and sperm used are yours or donated (ie, she’s not genetically related to the child). Once you have a parental order for the baby, the surrogate will have no further rights or obligations to the child.
Who the second legal parent is at birth will depend on your circumstances. If the surrogate is married or in a civil partnership, her partner will automatically be the second legal parent (until a parental order is granted), unless it can be shown that her partner did not consent to her treatment. If the surrogate is single, then the sperm donor will automatically be the second legal parent at birth. However, it is possible for the surrogate to nominate a second legal parent such as the intended mother or non-biological mother if preferable. To do this, both the intended second parent and the surrogate will need to give their consent before the sperm, egg or embryo are transferred.
All forms that are required to be completed by the surrogate & Mother(s) are provided on the HFEA website.
We strongly advise that you use a Surrogacy Agency &/or Solicitor who specialises in Surrogacy to support you & to ensure you are acting within the law.
If you choose to go to a different country for Surrogacy, you need to understand you are not protected by your countries laws; Different countries have differing laws when it comes to Surrogacy so it is best to hire a solicitor or lawyer who specialises in Surrogacy to assist you. For example, some countries expect you to live within the country for three months before the baby is born.
We would advise to always seek legal advice, & use a reputable Surrogacy agency & clinic.
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