Surrogacy is a reproductive arrangement in which a woman, known as the surrogate or gestational carrier, carries and gives birth to a child for another individual or couple, known as the intended parents.
It can be an option for many reasons, including infertility, medical conditions that make pregnancy unsafe for the intended mother, or same-sex male couples who wish to have a biological child. It involves legal agreements outlining the rights and responsibilities of all parties involved, including the surrogate, intended parents, and any donors.
Here, we explore the ins and outs of surrogacy and where this is legal.
Table Of Contents
what is surrogacy
There are two primary types:
Traditional Surrogacy
This is where the surrogate’s own eggs are used, making her the biological mother of the child. This method is less common nowadays due to legal and emotional complexities.
Gestational Surrogacy
This is where the surrogate carries a child conceived through in vitro fertilisation (IVF) using either the intended mother’s eggs, a donor’s eggs, or a combination of eggs and sperm from the intended parents or donors. The surrogate has no genetic relationship to the child in this type.
surrogacy process
The process typically involves several key steps, including:
- Initial Consultation
- Finding a Surrogate
- Legal Agreements
- Medical Procedures
- Pregnancy and Support
- Birth and Parental Order
- Post-Birth Support
surrogacy Costs
It’s important to consider the financial aspects, as it can involve significant costs. These may include medical expenses, compensation for the surrogate’s time and effort, legal fees and agency fees (if applicable). The cost can vary widely depending on factors such as the country where the surrogacy takes place and any unforeseen medical complications.
For intended parents, navigating the financial aspects can be challenging, and it’s important to plan and budget accordingly.
Other considerations
It’s also important to consider the ethical implications, including questions about autonomy, exploitation, and the potential for emotional harm to surrogates and intended parents. While many people view it as a positive option for building families, others raise concerns about the potential for exploitation and commoditising women’s bodies.
It is a deeply personal decision that requires careful consideration of all these factors. By educating themselves, seeking support from professionals and support networks, and approaching the process with sensitivity and respect for all parties involved, intended parents can navigate the journey effectively.
Is surrogacy legal?
Surrogacy laws vary widely around the world, so it’s important to research the specific regulations in the country where you’re considering pursuing it. Generally, it is legal in some form in many countries. However, the specifics, such as who can be a surrogate, whether commercial surrogacy is allowed, and the rights of intended parents and surrogates, differs by country. It’s important to seek legal advice from professionals familiar with the laws in your desired location.
It’s important to note that even within countries where it is legal, there may be cultural, social, and ethical considerations to take into account. International surrogacy arrangements can also involve complex legal, logistical, and ethical issues, including citizenship and parental rights, which may require careful planning and legal assistance to navigate successfully.
Where Is Surrogacy Legal?
It is legal in some form in many countries. Only some countries like the USA, Georgia, Greece and Ukraine allow legal commercial surrogacy. Additionally, altruistic surrogacy is allowed in Mexico, Colombia, Argentina, Guatemala, Greece, the UK, Canada, and Australia. It’s important to seek legal advice from professionals familiar with the laws in your desired location. However, the specifics, such as who can be a surrogate, whether commercial surrogacy is allowed, and the rights of intended parents and surrogates, differ significantly by country. It’s important to seek legal advice from professionals familiar with the laws in your desired location.
surrogacy in the uK
In the United Kingdom, it is legal, but it’s governed by specific laws aimed at protecting the rights of all parties involved—surrogates, intended parents, and children born through surrogacy.
Key points about surrogacy in the UK include:
- Altruistic Surrogacy: Commercial surrogacy, where a surrogate is paid for carrying a child, is illegal in the UK. Instead, arrangements must be altruistic, meaning the surrogate can only receive payment for reasonable expenses directly related to the pregnancy.
- Parental Order: After the birth of the child, intended parents must apply for a Parental Order through the Family Court to become the child’s legal parents. This process transfers parental rights and responsibilities from the surrogate (and her partner, if applicable) to the intended parents.
- Legal Parenthood: Until a Parental Order is granted, the surrogate and her partner (if applicable) are legally recognised as the child’s parents. This means that even if the intended parents are genetically related to the child, they do not have automatic parental rights.
- Recognition of Same-Sex Parenthood: It is available to same-sex couples and individuals in the UK, and they have the same rights and responsibilities as heterosexual couples regarding arrangements and parental orders. The legal framework in the UK is inclusive of all types of families, regardless of sexual orientation or gender identity.
- Changing Laws and Regulations: It’s important to stay informed about any changes to laws in the UK, as they may impact the process and legal parenthood. Keeping up with developments in legislation ensures that anyone considering surrogacy can make informed decisions.
By understanding the legal requirements, seeking guidance and open communication, all parties can navigate the journey with confidence and compassion.
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Who can be a surrogate?
Surrogates are often women who have already given birth to at least one child and have had uncomplicated pregnancies. Surrogates must also go through medical and psychological screening to ensure they are physically and emotionally prepared for the process.
How do intended parents find a surrogate?
Intended parents can find a surrogate through agencies, online matching platforms, personal connections, or through independent searches. Working with a reputable agency or professional can help match intended parents with a screened and qualified surrogate
Fertility clinics aren’t allowed to find a surrogate for you. However there might be other organisations that can help. A good place to start would be:
- Surrogacy UK
- Brilliant Beginnings
- Childlessness Overcome Through Surrogacy (COTS)
- My Surrogacy Journey®
- Nappy Endings
How much does surrogacy cost?
It can vary widely depending on factors such as the country where the surrogacy takes place, the specific arrangements made, and any unforeseen medical complications. It’s important for intended parents to budget for medical expenses, legal fees, agency fees (if applicable), and other related costs.
What are the legal implications of surrogacy?
It involves complex legal issues surrounding parental rights, consent, and agreements. It’s important for all parties involved to seek legal advice and create comprehensive legal agreements to ensure their rights and responsibilities are protected throughout the process.
How long does the surrogacy process take?
On average, the process can take anywhere from several months to over a year to complete.