What is surrogacy?
Surrogacy refers to an arrangement in which a person agrees to become pregnant, carry and give birth to a child for another person or couple who will become the parent(s). In the UK, surrogacy is relatively uncommon due to the strict laws surrounding it, however, the practice is has been used more in recent years due to advances in IVF, the softening of attitudes around the subject and the trend for having children later, with numbers tripling from 121 in 2011 to 368 in 2018.
Two types of surrogacy may be used:
- The first is usually called full surrogacy but may be referred to as IVF, carrier or gestational surrogacy as well. This describes when the surrogate is completely genetically unrelated to the child they are carrying. The surrogate will be impregnated using embryos from the intended parents or donors through IVF (in-vitro fertilisation)
- Partial surrogacy, also known as straight, genetic or traditional surrogacy is when the surrogate’s egg is used, meaning that they are genetically related to the child.
Surrogacy arrangements may be between strangers, potentially facilitated by an agency, or between family members, for example, it is not uncommon for a female relative such as a sister to act as a surrogate. As a result, determining the legal parents of the child are of crucial importance. When born, the surrogate is automatically the legal parent of the child and a court order is required to transfer parenthood to the intended parent. For example, if a couple entered into a full surrogacy relationship with a stranger, in which their embryo was used, following the birth of the child, legal parenthood belongs to the surrogate not the intended and biological parents of the child.
Overview of UK Surrogacy Laws
In this way, surrogacy in the UK is subject to strict and complex laws which require all arrangements are not-for-profit, are unenforceable by law and will require adoption or parental order from a court for the parenthood to be transferred to the intended parents, which are each subject to their requirements and laws. As a result of these laws, surrogacy is far less common in the UK than elsewhere in the world. However, while international or cross-border surrogacy arrangements may be used to avoid complexities around UK laws on the matter, such as issues of payment, one must be cautious as this is subject to the laws of the country where it takes place and may lead to difficulties surrounding the citizenship and immigration status of the child as a court-issued adoption or parental order is still required to transfer parenthood legally in the UK.
Resources and Support
There are several charities and organisations to support and guide couples who intend to or are currently in the process of using a surrogacy arrangement as well as those considering becoming a surrogacy.
Charities for those wishing to become parents include:
Charities for those considering becoming a surrogate include:
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