Surrogacy – Patient Information
Created by Dr Eleanor Gibbs
What is surrogacy?
Surrogacy is when an embryo is carried, and given birth to, by a person with no intention of then being a parent to that child. Surrogacy is primarily used if the intended parents are unable to carry a pregnancy, such as in the presence of high maternal risk, anatomical complications, recurrent miscarriage or same sex couples.
How to arrange surrogacy?
In the UK, commercial surrogacy is illegal, and not funded by the NHS. Intended parents pay for clinic treatment (for example IVF) and reasonable expenses towards the surrogate, typically expected to be £10,000-£15,000. Whether surrogates are found through a surrogacy agency or friends or family members, counselling is advised for both the surrogate and intended parents before insemination. Intended parents must evidence a stable relationship (marriage, civil partnership or cohabiting), and the embryo must have genetic relation to the intended parents.
Overseas surrogacy arrangements are not automatically recognised in the UK, and the same process of transferring parental order would still be needed on returning back to the UK.
Legal process of surrogacy
At the time of birth, the surrogate is considered the legal mother of the child and is given parental responsibility. From six weeks a parental order, the legal process transferring parental responsibility from the surrogate to the intended parents, can begin.
Intended parents and surrogates are advised to seek independent legal advice before conception and to form a formal surrogacy agreement on how the pregnancy, birth and postpartum period are managed between all parties, though this is not legally binding.
Resources
https://brilliantbeginnings.co.uk/
https://mysurrogacyjourney.com/
Sources
https://mft.nhs.uk/app/uploads/sites/4/2024/01/SMPIL-23-036-Embarking-on-Surrogacy-1.pdf
https://www.hfea.gov.uk/treatments/explore-all-treatments/surrogacy/
https://guysandstthomasspecialistcare.co.uk/treatments/surrogacy/
