Parenting through surrogacy can be a complicated and emotional process, yet more people find themselves turning to this path in order to become parents. In the UK, annual parental orders continue to climb as laws remain complex- but change is on its way! To clear up any confusion about Surrogacy Law, here’s an overview of some commonly asked questions.
What is surrogacy?
Surrogacy provides individuals and couples with a unique opportunity to extend their family. This process involves two distinct paths: traditional, where the surrogate is biologically related to the baby she carries, or gestational – in which case an embryo created through IVF techniques is implanted into her uterus. Whatever method you decide on, it’s certain that surrogacy offers hope for many who desire parenthood.
Traditional surrogacy – the surrogate is artificially inseminated with the intended father or donor’s sperm. The surrogate not only carries the child, but she also donates her egg and as such she is biologically related to the child.
Gestational surrogacy – the surrogate is implanted with an embryo via IVF and therefore she is not biologically related to the child. Often the sperm and egg of the intended parents will be used, which means that the child will be biologically theirs. Donor egg or sperm can be used if this is not possible. It is possible to use donor egg and sperm, but this will impact on your ability to apply for a parental order.
Is surrogacy legal in the UK?
In the UK, surrogacy arrangements are legally permissible – however it’s essential to be aware of complex rules and regulations. Due to these contracts being unenforceable, all parties must operate with mutual trust and respect in order for such agreements to exist – furthermore payment of any kind by a third party is strictly prohibited under law.
How do I find a surrogate?
If you’re in the UK and need help, there are a plethora of non-profits to choose from. For example Surrogacy UK, Brilliant Beginnings or COTS can be tremendous assets. Don’t forget about family members and friends either; their support can prove invaluable too!
What is a surrogacy agreement and are they binding?
A surrogacy agreement formally records how intended parents and surrogates want their arrangement to work, providing clarity and a mutual understanding of their respective commitments. However, surrogacy agreements are not enforceable in the UK and the intended parent(s) will need to apply to the court to become the legal parents of the child.
Is it legal to pay our surrogate?
Though widely misunderstood, paying a surrogate mother for her services is not prohibited in the UK – as long as it’s approved by the court. Though there isn’t an exact definition of what constitute “reasonable expenses”, past decisions suggest that courts are often lenient and will even approve payments beyond them in international cases.
Can the intended parents be named on the child’s birth certificate?
In the UK, a birth certificate is crafted to reflect each child’s legal standing at their moment of arrival. The surrogate contributor will always be named on it; however, whether or not an intended parent can also feature depends upon if the surrogate was married/in a civil partnership and how insemination occurred.
What is a parental order?
With a parental order, intended parents are granted legal parenthood and the surrogate’s rights to their child no longer exist. Upon enactment of this measure the birth is officially re-documented; protecting that record until it can be accessed by its rightful owner after they turn 18 years old.
The court process can take between 4-12 months and will usually involve 1 or 2 court hearings.
Can the surrogate change her mind and try to keep the baby?
Intended parents and surrogates put a great deal of trust in each other when it comes to parenting arrangements. The surrogate is the legal parent until an official parental order issued by the court, with her consent always required beforehand. However, fear that either party may change their mind at any point can often lead them to worry about potential outcomes such as giving up custodial rights or having one’s wishes overridden; fortunately though these sort of scenarios are very rare.
If I am named on the foreign birth certificate/ post birth order will I be recognised as the legal parent in the UK?
No. In the UK the surrogate will always be the legal mother. Whether one of the intended parents can be recognised as the legal parent at birth will depend on the surrogate’s marital status and the circumstances surrounding the insemination.