Where to begin with UK Surrogacy
Surrogacy is a life-changing journey for intended parents and surrogates alike. Whether you’re an individual or a couple hoping to grow your family, the UK has a unique legal framework surrounding surrogacy that you need to navigate carefully. If you’re considering surrogacy in the UK, our guide will help you understand the key steps to consider before beginning your journey.
Understanding the Legal Landscape
Surrogacy in the UK is legal, but it must be conducted altruistically. This means that surrogates cannot receive payment beyond reasonable expenses. Commercial surrogacy arrangements, where a surrogate is paid beyond expenses, are not permitted under UK law. Additionally, surrogacy agreements are not legally binding, which means the surrogate remains the legal mother of the child until a Parental Order is granted.
Deciding on Independent or Agency-Assisted Surrogacy
Intended parents can choose to find a surrogate independently or through a non-profit surrogacy organisation. Independent surrogacy involves finding a surrogate through personal networks or online communities. However, many intended parents opt for the support of a reputable surrogacy organisation, such as My Surrogacy Journey, which offers guidance, legal advice, and emotional support throughout the process.
Finding the Right Surrogate
Finding a surrogate can be one of the most challenging aspects of the journey. In the UK, surrogates are usually found through personal connections or non-profit agencies. When choosing a surrogate, it is crucial to build a trusting relationship and ensure that all parties have aligned expectations. Many organisations facilitate this process by matching surrogates and intended parents based on shared values and preferences.
Understanding the Surrogacy Agreement
Although surrogacy agreements are not legally enforceable in the UK, they are still a crucial part of the process. A clear agreement helps set expectations regarding medical decisions, communication, expenses, and post-birth arrangements. It is always advisable to seek legal guidance to ensure all parties are aware of their rights and responsibilities. Members of MSJ receive legal support as part of their membership with some of the top lawyers for surrogacy in the UK.
Medical and Fertility Considerations
Surrogacy involves fertility treatment, typically through IVF. This means intended parents will need to work with a fertility clinic to create embryos using their own genetic material or that of a donor. It is essential to choose a licensed fertility clinic that adheres to the Human Fertilisation and Embryology Authority (HFEA) regulations. We’re proud to work with some of the top fertility clinics in the UK at MSJ and be able to work with them to support you on this part of your journey.
Applying for a Parental Order
Under UK law, the surrogate remains the legal mother of the child at birth. Intended parents must apply for a Parental Order to transfer legal parenthood. This application must be submitted within six months of birth and requires the surrogate’s consent. The process involves background checks, home visits, and court proceedings, but it is a crucial step in securing legal parenthood. Learn more about this in our podcast here: CAFCASS; who are they and why do you need a Parental Order? ft. Susie Blamire, Head of Practice.
Seeking Emotional and Practical Support
Surrogacy is an emotional journey, and having the right support system is essential. Intended parents and surrogates can benefit from counselling, peer support groups, and guidance from surrogacy professionals. At My Surrogacy Journey we provide all of our members with a network of professionals, resources, and community support to help navigate the complexities of surrogacy as well as our own dedicated team holding your hand the whole way
Overall, Surrogacy in the UK is a rewarding but carefully regulated process that requires legal, medical, and emotional preparation. By understanding the legal framework, working with trusted professionals, and building a strong relationship with your surrogate, you can embark on a successful surrogacy journey. If you are considering surrogacy, seeking expert guidance from a reputable organisation can make all the difference in ensuring a smooth and positive experience.
If you’re ready to take the first step, we understand that you’ll be exploring your options, and it’s important to choose the surrogacy organisation that’s right for you.
If you’d like to find out more about our pathways and memberships at My Surrogacy Journey, you can book a consultation with our team here: https://mysurrogacyjourney.com/intended-parents/
