Surrogacy is increasingly becoming an option for starting a family for people who are unable to conceive a child themselves. We have answered some frequently asked questions in relation to the surrogacy process below.
1. What is surrogacy?
Surrogacy is an arrangement where a woman (the surrogate) carries and gives birth to a child for another individual or couple (the intended parents).
There are two types of surrogacy;
- Gestational or ‘full’ surrogacy – the surrogate mother does not provide her own egg and is therefore not genetically related to the child.
- Traditional Surrogacy- the surrogate mother is genetically related to the child through the use of her own eggs.
2. Is surrogacy legal in the UK?
Yes, surrogacy is legal in the UK, however, it is governed by specific laws and regulations.
3. What are the legal requirements for surrogacy in the UK?
- The intended parents must apply for a parental order after the child is born to obtain legal parentage.
- The intended parents must be over 18 years old
- The surrogate, and her partner if they are married or in a civil partnership, must give consent (no earlier than 6 weeks after the birth of the baby)
- The child must have been conceived artificially and be genetically related to one of the intended parents, or the intended parent if an individual applicant
- The child must be living with the intended parent(s)
- The intended parents may apply for the parental order within 6 months of the birth of the child
- At least one of the intended parents, if in a couple, or the intended parent, if an individual applicant, must be domiciled in the UK
- The surrogate should be paid no more than reasonable expenses, unless authorised by the court
4. How do intended parents find a surrogate in the UK?
- Agencies that facilitate matches and provide support.
- Online platforms or social media groups focused on surrogacy.
- By asking a family member or friend
5. What expenses can a surrogate claim in the UK?
Surrogates can claim reasonable expenses incurred during the pregnancy, such as:
- Medical costs and maternity care.
- Travel expenses related to medical appointments.
- Loss of earnings if applicable.
- Other pregnancy-related expenses, such as maternity clothing.
6. Can same-sex couples or single individuals pursue surrogacy in the UK?
Yes, same-sex couples and single individuals have the legal right to pursue surrogacy in the UK.
7. How long does the surrogacy process take?
The surrogacy process commences when intended parents start to look for a surrogate, and concludes once the parental order has been obtained. It can vary in duration, taking from several months to a few years.
8. What happens if the surrogate changes her mind?
In the UK, the surrogate retains her legal rights as the child’s mother until a parental order is granted, and therefore is able to change her mind until this time.
9. How much does surrogacy cost in the UK?
The cost of surrogacy in the UK can vary widely. While surrogates can only be reimbursed for reasonable expenses, intended parents should also consider legal fees, agency fees, and medical costs, which can lead to total expenses ranging from £20,000 to £60,000, and in some circumstances more.
10. Are surrogacy Agreements enforceable in the UK
Surrogacy agreements are not legally enforceable in the UK, even if you have already paid some of the surrogate’s expenses.
Should you require advice in relation to the surrogacy process, please get in contact to speak to one of our specialist solicitors by filling out our online contact form or call 03300 297 347.