Surrogacy

Intended parents using surrogacy

The legal aspects of surrogacy vary enormously from country to country. It’s important to research and be sure of all the details before moving ahead as there are different implications in terms of obtaining legal parenthood, as well as your and your child’s rights, depending on the route and location you choose.

Make sure you understand what is allowed and not allowed in different jurisdictions before anything else.

Things to consider

• Who will be your surrogate? Will you be asking someone from your social circle or recruiting a surrogate through an agency, or taking another route?

• If you’re using egg donation, will the surrogate be the egg donor (straight/traditional surrogacy) or will you be finding a separate egg donor (gestational surrogacy)?

• Are you looking at surrogacy with double or embryo donation? Do you understand the the different legal implications, depending on where you’re having treatment?

• What relationship would you like to have with your surrogate, in the short, medium and long term?

• What relationship would you like your child to have with your surrogate, in the short, medium and long term?

• What contingencies can you put in place in case you can’t have the relationship that you would like?

• What do you need to consider if you are hoping to have more than one child?

• What legal aspects do you need to consider in terms of the surrogacy and transfer of parental rights?

• What other agreements do you need to have in place, such as contact with the surrogate (frequency/quality/duration) or other family members, during the pregnancy and afterwards?

• What story will you be sharing with your child about the surrogate and how does that relate to the egg or sperm donor?

• How are my rights and my child’s rights protected and affected if I travel abroad for surrogacy treatment?

It’s complex

On top of all those questions and practicalities to sort out, you also need to consider how you’re feeling about using surrogacy. Perhaps you’re feeling anxious about how to make all these decisions. You may be worried about whether you’ll be able to bond with the baby. Or perhaps, you’re just excited that there is a way to carry a baby – something you hadn’t thought was going to be possible.

However you’re feeling, the long list of questions above are probably not simple to answer, so give yourself plenty of time and space to think and plan. It’s complicated, practically, legally and emotionally, so make sure you get good support, both personal and professional, throughout the process.

Choosing the surrogate

Finding and choosing a surrogate can be complicated and is often the thing that is top of the list for people on this route to parenthood. Some questions you might want to consider are:

• What kind of surrogate are you looking for (traditional or gestational)?

• Do you want to meet the surrogate and get to know her?

• Do you want an on-going relationship after the child is born?

• What country/legal framework do you want to be working with?

• What sort of budget do you have?

Where to find a surrogate and how much will it cost?

There are various ways to find a surrogate. In the UK there are specialist surrogacy agencies which give you the benefit of working with an organisation that really understands the legal and logistical framework. This support helps you understand all the implications and get a good sense of timing, choices available, costs and legal requirements. Some people might use a surrogacy agency or clinic that offers surrogacy abroad in a country that’s set up to support surrogacy arrangements, like the US. Do make sure you’ve checked out the legal situation in the country you investigate and get proper advice before making a final decision. Alternatively, you might want to find an independent surrogate or potentially find a friend or family member willing to carry a baby for you.

Costs vary enormously depending on the kind of surrogate or organisation you choose and where you end up having treatment. The final totals are widely different (the UK will be far cheaper than the US, for example) so, unfortunately, it isn’t possible to say more than that the range could be £30,000 to £300,000+.

Links to surrogacy organisations

Surrogacy in the UK is legal but advertising for and recruiting surrogates for profit is not. It is also not possible to secure a surrogate through the NHS. The only exception is for non-profit agencies.

In the UK there are a number of such agencies in operation and each will offer something different, so its important to do your research and compare their services:

• My Surrogacy Journey
• Surrogacy UK
• Brilliant Beginnings
• Growing Families
• COTS Surrogacy UK

There are also independent surrogates who do not work through agencies, who can be found through social media and internet searches.

Further reading

A City Law Firm

One of our lawyer supporters, A City Law Firm, has written an article about the the things you will want to consider in terms of legalities around the use of a surrogate, in the UK and abroad.

Read the article

NGA Law

NGA Law has an extensive library of resources about international and UK-based surrogacy. Find their Knowledge Centre here.

Read more

DeMontfort University

DeMontfort University published an infographic based on a study conducted with ten men who were becoming or had already become dads through surrogacy.

Read more