Hello, I’ve recently heard that surrogate motherhood (gestational surrogacy) is legal in the United Kingdom… I want to find out about the conditions there, and if a pair of intended parents could share their experience with me, because I’m very interested but cannot find any testimonials or information provided by patients or real families by surrogacy. Thank you!05/10/2017 at 2:09 pm
First of all, surrogacy is not ilegal in accordance with UK’s law, but the existing conditions make it difficult for intended parents (IPs) to access it. Also, under English law, the legal mother of a child born by surrogacy is always the surrogate (right after being born), given that the law specifies that the legal mother of a child is the one who carries him or her.
Likewise, even though surrogacy is legal in this country, the truth is, it is not possible for IPs to enter into a legally-binding surrogacy agreement, that is, surrogacy contracts are unenforceable in UK courts.
If the surrogate is married and conceives through fertility treatments, either IVF or IUI, the legal father of the child at birth is her husband, regardless of the biological relationship. Taking this into account, the intended father will have no automatic claim to legal parenthood. Conversely, if the surrogate is unmarried, the intended father may be treated as the legal father at birth.
In order for the IPs to be considered the legal parents of the child, a parental order is necessary – just like in adoption procedures. With a parental order, parenthood can be reassigned. In other words, the parental status of the surrogate and her husband, if any, will be extinguished, and conferred to both intended parents. For this reason, applying for a parental order in all surrogacy cases is crucial in the UK.
Once the parental order is made, a new birth certificate will be issued naming the IPs instead of the surrogate and her husband, if any. This is the only way they can secure their position as the legal parents of the child.
See also: Summary of the HFE Act 2008.
I hope this helps,
Regards05/11/2017 at 6:00 pm
To begin with, UK has own rules in particular state. The reason is the fact of the monetary remuneration of the surrogate motherhood laws of the state and the moral norms accepted in society. Also it is more expensive than in other country as Spain, Russia, Ukraine and so on. It will cost you 20000-40000 $.I’m from Sweden, Stockholm but I’ve been coming a long way to choose my way of reproductive treatment. I’ve chosen Ukraine and now everything is OK. I want to encourage you to change your mind because it will be better for you. It is long process with many visits in country which you’ll probably choose, but everything is included in the contracts.
Good luck06/26/2017 at 2:47 pm
Here in the US I am finding that it costs 33225.00 just for the IVF with GC. That’s not included legal fees, monitoring after the first trimester, or the birth of the child.01/19/2018 at 6:25 pm
Commercial surrogacy is prohibited in the UK. Meaning only ALTRUISTIC surrogacy is legal there. You can pay only for the surro’s testings, meds, scans etc. but not pay for the ”service”. In the UK the surro is considered to be the legal mother of the baby born. To get your parental rights you’ll have to apply for Parental Order. On the whole, the process doesn’t seem safe there..09/12/2018 at 2:36 pm
we are a foreign couple who was about to start surrogacy in the UK but now we’re doubting as to what extend brexit will affect this whole process. I asume this will bring along some complications when it comes to registering the baby? Can someone tell me?01/25/2020 at 10:11 pm
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