Surrogacy

Surrogacy is the process by which another woman carries a baby for parents who are unable to carry a pregnancy themselves. The intended parents might be a different-sex couple with medical or fertility issues, a same-sex couple or a single person.  There are two types of surrogacy, traditional (straight) surrogacy and gestational (host) surrogacy.

Gestational (or host) surrogacy uses an embryo which is created with an egg from a donor or the intended mother, so that the surrogate is not the biological mother

Traditional (or straight) surrogacy uses the surrogate’s own eggs and sperm from the intended father.
More information about the surrogacy pathway in the UK is available at

https://www.gov.uk/government/publications/having-a-child-through-surrogacy

The surrogate mother uses her own egg fertilised with the intended father's sperm. This can be done using artificial insemination either at home or at a fertility clinic, or (more unusually) by IVF at a fertility clinic. The surrogate would is genetically related to the child, and her children will be genetic half-siblings of the surrogate child.  It is important to think through the long term implications and to spend time building a strong relationship which will endure successfully.

 

 

 

 

The surrogate becomes pregnant by the transfer of an embryo to her which is created with eggs from a donor or from the intended mother. Since the process involves IVF, a fertility clinic will always be involved which means that, if treatment takes place in the UK, there will be a process to go through involving counselling and other steps.  As with any surrogacy arrangement, it is important to think through the long term implications and to spend time building a strong relationship which will endure successfully.

Surrogacy is legal in the UK, but there are a number of restrictions.  It is illegal to advertise that you are looking for a surrogate or willing to be a surrogate, and it is illegal for third parties to match for payment, unless they are non-profit organisations.  

Surrogacy agreements are also not recognised or enforceable under UK law.  The surrogate (and if she is married her spouse) will be the legal parents of the child when he or she is born.  The intended parents will need to apply to the family court for a parental order to become the legal parents and have the birth certificate reissued in their names.  There are a number of criteria which need to be met, and it is sensible to seek legal advice before proceeding with a surrogacy arrangement to make sure you understand these (and if you don’t meet the criteria you have an alternative legal plan in place).

No,  this is a criminal offence. Therefore adverts asking for surrogacy or those advertising themselves as surrogates are strictly not allowed on any part of our Pride Angel website, to include profiles, internal mail and the forum.

You may however say within your profile that you are looking for an egg donor for a surrogacy arrangement.

If you want to find a surrogate we would recommend you contact one of the UK’s non-profit surrogacy organisations (Brilliant Beginnings, COTS and Surrogacy UK).

 

We would recommend that you contact one of the UK’s three non-profit surrogacy organisations for information and advice.  

They are:

Brilliant Beginnings – www.brilliantbeginnings.co.uk

COTS - www.surrogacy.org.uk

Surrogacy UK – www.surrogacyuk.org

If you have found someone personally who is willing to become a surrogate for you (as an ‘independent’ surrogate), then it is important to take care to follow the same steps you would if you were working with an organisation.

It is also important to seek legal advice before embarking on a surrogacy arrangement.

 

 

 

It is not possible to enter into a legally binding surrogacy agreement in the UK. Nevertheless, it is always good advice to put an informal written surrogacy agreement in place to ensure everyone is clear about their expectations and all eventualities are considered and planned for.  Do be aware that it is a criminal offence for lawyers (or anyone else who charges a fee) to ‘negotiate’ a surrogacy agreement, and so any surrogacy agreement you put in place will be an informal document.  

The non-profit surrogacy organisations will provide you with guidance and support with putting your agreement in place.  There is also further information about what should go in a surrogacy agreement in the government’s surrogacy pathway document at

https://www.gov.uk/government/publications/having-a-child-through-surrogacy

Many intended parents and surrogates are concerned about what would happen if the other party changes their mind during the surrogacy process.  This is incredibly rare, and very unlikely if your surrogacy arrangement is properly thought through and carefully set up.  It is also not the case that the surrogate has a right to keep the baby if she changes her mind.  Of the few cases in which the surrogate has sought to keep the baby after a surrogacy arrangement, the family court has decided who the child should live with on the basis of what is in their best interests.  In practice the family court has been just as likely to award care to the intended parents as to the surrogate.

Becoming a surrogate is a wonderful experience, and something considered by many egg donors who want to go on and give more.  If you are considering becoming a surrogate, we would recommend that you contact the UK’s non-profit surrogacy organisations for guidance and support.  They are:

Brilliant Beginnings

www.brilliantbeginnings.co.uk

Surrogacy UK

www.surrogacyuk.org 

COTS - Childlessness overcome through surrogacy

www.surrogacy.org.uk

 

If you want to become a surrogate for someone you already know or someone you have met outside a surrogacy organisation (as an ‘independent’ surrogate), then it is important to take care to follow the same steps you would if you were working with an organisation.  More information is available from the government at https://www.gov.uk/government/publications/having-a-child-through-surrogacy