Surrogacy in the UK| Surrogate Mother Cost in UK| Gay Surrogacy in UK
Surrogacy in the UK is a legal but complex process, primarily governed by The Surrogacy Arrangements Act 1985 and The Human Fertilisation and Embryology Act 2008. Unlike some international destinations, the UK only allows altruistic surrogacy, meaning surrogates cannot be paid beyond reasonable expenses.
This guide covers everything intended parents need to know, including legal processes, costs, parental orders, and available alternatives.
There are around 3.5 million infertile couples in the UK who need fertility services to become parents. For many childless couples, surrogacy is the last hope to become parents. However, the legal framework for UK surrogacy is outdated and does not provide adequate protection to intended parents
Key Insight for surrogacy in the United Kingdom:
- Surrogacy became legal in 1985 under the Surrogacy Arrangements Act.
- At least one parent must be domiciled in the UK.
- No specific law regulates the UK, but each country has laws.
- In Scotland, surrogacy is regulated by common law. There is a current debate about passing surrogacy laws for Scotland.
- In England, Wales, and Northern Ireland, surrogacy contracts are not enforceable, and the surrogate has the right to change her mind. The surrogate is the child’s legal parent until a Parental Order is finalized (which can only be applied for six months after the birth and with her permission). The court will look at the child’s best interest in a dispute.
- One parent must be biologically related to the child.
- Uncompensated surrogacy only, but reasonable expenses can be paid.
- Agencies and advertising for surrogates are not permitted, but non-profit agencies do exist to help the parties.
- The Law Commission of England and Wales recently reviewed surrogacy laws and hoped to have a Bill for consideration by Parliament in 2021.
- In March 2023, the Scottish Law Commission joined the Law Commission of England and Wales to pass unifying laws for surrogacy. The British government had not yet acted on these recommendations.
- Surrogacy is an established and thriving business.
Get in touch for FREE SURROGACY CONSULTING:
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Email: neelam@ivfconceptions.com
Surrogacy in the UK- An Overview
According to Surrogacy UK laws, Surrogacy is an act of carrying the child by another woman for the intended parents, when the intended parents are unable to have a baby due to any reason.
Only altruistic surrogacy is allowed in the UK, which means the intended parents cannot pay surrogate mothers any financial compensation for their services. Thus, finding a surrogate mother in the UK takes time and there is a long waiting list.
On top of that, the intended parents and surrogate mothers cannot advertise surrogacy services. No surrogacy agency can provide surrogates in the UK, but they can guide, support, and mediate the journey of both parties. Finding private surrogate mothers can take a lot of time as no surrogacy agencies in the UK.
Besides this, as per surrogacy laws in the UK, the birth mother is the legal mother of the child. Thus, the surrogate mother, the birth mother, is the legal parent of the surrogate baby, even if she has no genetic link. So, intended parents need to apply for a parental order (like adoption), to get the full legal parentage of the baby.
Types of surrogacies
Types of Surrogacy
1. Gestational Surrogacy
- Most common method in the UK
- A surrogate carries an embryo not genetically related to her
- Created using eggs and sperm from intended parents or donors
- Minimizes legal and emotional complications
2. Traditional Surrogacy
- Surrogate uses her own egg
- More complex legal and emotional considerations
- Less common due to potential genetic complications
Finding a surrogate mother in the UK
Finding a surrogate mother in the UK is challenging, as it is illegal to advertise for a surrogate in the UK. As altruistic surrogacy is allowed, only real actual costs/ reimbursement is paid to the surrogate mother. Many intended parents find a surrogate through a surrogacy agency or a personal connection. It is important to thoroughly screen potential surrogates to ensure that they are physically and emotionally capable of carrying a child to term.
Finding a surrogate is one of the biggest challenges for intended parents due to the ban on advertising and low surrogate availability.
Ways to Connect with a Surrogate:
- UK Surrogacy Agencies – Non-profits like Brilliant Beginnings & Surrogacy UK.
- Online Forums & Facebook Groups – UK-specific surrogacy communities.
- Friends or Family – Private surrogacy arrangements.
Challenges in Finding a Surrogate
- Limited Availability – Due to altruistic laws, fewer women become surrogates.
- Long Wait Times – Some intended parents wait 2+ years to match with a surrogate.
- Legal Complexity – Surrogates retain legal rights until a Parental Order is granted.
Challenges in the UK
- No commercial matching services allowed
- Limited advertising restrictions
- Potential for long waiting periods
Recommended Paths to Find a Surrogate
- Non-profit surrogacy organizations
- Online surrogacy support groups
- Personal networks and connections
- Surrogacy UK support forums
What are the hindrances to the UK surrogacy process?
There are a few obstacles to:
- The shortage of surrogates: Due to low compensation for surrogates in the country. This results in a long wait time of several years to find a suitable surrogate.
- Cost of surrogacy in the UK: Surrogacy cost is considerably high when it is compared with European countries like Georgia and Ukraine. The typical cost of surrogacy is between £50,000 to £60,000
- National Health Service does not cover surrogacy services: This means the intended parents personally need to cover the IVF procedure fee and the surrogate mother and legal fee themselves.
- UK surrogacy laws are not helpful: UK surrogacy laws, which grant full parental rights to the surrogate, can discourage couples from pursuing surrogacy, as the surrogate has the right to claim the baby if she changes her mind. This can lead to a difficult legal battle for the Intended Parents to gain custody of the child.
Gay surrogacy in the UK
LGBTQ+ couples and single parents can pursue surrogacy in the UK under the same legal framework. However, challenges include:
- Finding a surrogate within UK restrictions.
- Legal complexities if a surrogate is married.
- Alternatives: Many same-sex couples explore international surrogacy in Georgia, Mexico, or the USA.
With the right support and resources, same-sex couples can successfully navigate the surrogacy process and achieve their dream of parenthood in the UK or surrogacy overseas, like surrogacy in Mexico and in Colombia.
Ethical consideration of surrogacy
Surrogacy raises ethical considerations, particularly regarding the exploitation of women as surrogates. It is important to ensure that the surrogate mother has given fully informed consent and that she is not being coerced or exploited. In the UK, surrogacy agreements are not legally binding, and the surrogate mother can change her mind about relinquishing the child. It is important for all parties to have a clear understanding of their rights and responsibilities before embarking on a surrogacy arrangement.
Is surrogacy in the UK legal?
Yes, but only altruistic surrogacy is allowed. Read more about the UK Surrogacy Act -1985.
Surrogacy in the UK first became legal in the year 1985. Under the law, homosexual parents are also given a right to become intended parents in the UK.
UK Surrogacy Laws: What You Need to Know
The legal framework for surrogacy in the UK is complex and unique:
- Altruistic Surrogacy Only: Commercial surrogacy is prohibited
- Legal Parenthood: The surrogate is initially the legal mother
- Parental Orders: Intended parents must apply for legal parenthood
- Consent is Crucial: Surrogate’s consent is mandatory for transfer of parental rights
Important Legal Considerations
- One intended parent must be genetically related to the child
- Parental order must be applied within 6 months of birth
- Surrogacy contracts are not legally enforceable
Donor’s rights in the UK
In the UK, it’s illegal to pay an egg donor/ sperm donor for their donation services. But you can pay them for actual expenses as per the case. So, donors donate for altruistic reasons rather than financial benefits.
If an egg donor or sperm donor is donating through a licensed clinic by the Human Fertilisation and Embryo Authority (HFEA) then the following are the cases for them –
- Donors are not the legal parents of the born child
- Donors do not have a right over how the child is brought up
- Donors do not have any legal obligation to the child
- Donors can’t be asked to support the child financially or they cannot have a name on the birth certificate.
However, if you donate your sperm or egg to any unlicensed clinic or any clinic not mentioned under HFEA, then you would be considered the legal parents of the child.
UK Surrogacy contract
The surrogacy contract in the UK is unenforceable. That means everyone relies on each other to hand over the child and other issues regarding expenditure. So, parents and surrogates are not forced to follow the agreement but to honor the agreement. It is also against the law for the surrogate to negotiate the surrogacy for payment.
Many surrogates worry about what happens if the intended parents refuse to take up the responsibility for the child. Similarly, many intended parents also feel what happens if the surrogate does not want to leave the baby. So, trust and mutual support are an integral part of the UK surrogacy system.
These conditions occur rarely. But it is important to keep everything in the contract, even though it is not legally binding, as this will help in written communication and keep everyone on the same page.
Ultimately, if there is a conflict over who should take care of the baby after birth, a request for a child arrangement order may go to the family court.
There are only a handful of reported cases of this kind in the UK. In some cases, the baby is allowed to be kept by a surrogate, and in some cases, it is handed over to the intended parents. Each case is separately dealt with by the tribunal and weighed in the best interest of the child.
Surrogacy is legal in the UK, but the legal process can be complex. The intended parents must obtain a parental order from the court to become the legal parents of the child. The parental order terminates the rights of the surrogate mother and her partner, if she has one, and establishes the intended parents as the child’s legal parents. The parental order can only be obtained after the child is born, and the intended parents must have the surrogate mother’s consent to apply for the order.
Parental Orders: Gaining Legal Parentage
Since surrogacy agreements are not enforceable, a Parental Order is necessary to transfer parentage.
Parental Order Requirements:
- At least one intended parent must be genetically related to the child.
- The surrogate must give full consent (after six weeks post-birth).
- The child must live with the intended parents.
- Application must be made within six months of birth.
Process Timeline:
Step | Description |
---|---|
Birth | Surrogate is the legal mother |
6 Weeks Later | Intended parents can apply for Parental Order |
Court Process (2-6 months) | Parental Order hearings & approval |
Final Step | Birth certificate reissued with intended parents’ names |
You can learn more about Parental Orders and contact a Surrogacy lawyer in the UK.
More Related Topics for Gestational Surrogacy:
Different Types of Surrogacies
4 cheapest countries for surrogacy that parents should know
How Surrogacy Works: The Definitive Guide to Surrogacy Parenthood
What is the cost of surrogacy in the UK?
The cost of surrogacy in the UK can be between £50,000 to £60,000, depending upon the surrogate mother and the type of medical facility you are using.
Costs of Surrogacy in the UK
Although commercial surrogacy is illegal, intended parents cover reasonable expenses for the surrogate.
Estimated Costs:
Expense | Estimated Cost (£) |
Surrogate Expenses | 8,000 – 20,000 |
IVF & Fertility Treatments | 5,000 – 15,000 |
Legal Fees | 3,000 – 6,000 |
Parental Order Application | 215 (court fee) |
Additional Medical Costs | Variable |
Total cost varies but generally ranges between £50,000 – £60,000.
Break up of the cost of surrogacy in the UK
#1. Surrogate mother reimbursement
The surrogate mother’s cost is minimal and you just pay the reimbursements as below. Recent court cases have permitted “expense payments” of up to £25,000 GBP to surrogate mothers.
The following are considered reasonable expenses as per UK surrogacy laws–
- Maternity clothes
- Loss of your income and your partner’s income (if incurred).
- Travel costs for attending the clinical appointments.
- Accommodation costs for attending clinical appointments
- Travel the cost of you and your family if you visit the intended parents.
- A recuperation break for you and the family
- Additional childcare costs that you may need
- Any other cost incurred during the process of surrogacy
- Nutritional items and vitamins will cost extra
The other costs that intended parents cover include –
- Legal fees
- Counseling support during your surrogacy
- Insurance bills
#2. IVF Clinic fee for a medical procedure like IVF
The medical cost of IVF varies as per the fertility clinics and their location. The average cost of the IVF clinic can be around £25,000. It does include a collection of sperm and eggs, fertilization, and transfer of embryos in surrogate mothers. Antenatal pregnancy care and baby delivery are extra. Surrogate pregnancy in the UK is allowed for both couples and singles now.
Some clinics might cover IVF under National Health Services, but there is a long waiting list, and not all surrogacy services are covered by NHS. We recommend you have fertility treatment at a licensed and best surrogacy center in the UK clinic.
Cross-border surrogacy for UK couples
Due to the above limitations, most of the intended parents who need surrogacy services, opt for surrogacy overseas. Here are a few global surrogacy options that you can consider, which are legally secure and affordable.
International Surrogacy Alternatives
Due to legal and availability challenges, many UK parents opt for international surrogacy.
Comparison of UK vs. International Surrogacy
Factor | UK | Georgia | Mexico | USA |
Legality | Only altruistic | Commercial allowed | Allowed in some states | Legal in many states |
Surrogate Availability | Limited | Higher | Moderate | High |
Parental Rights | Must apply for Parental Order | Automatic | Requires legal steps | Automatic in most states |
Cost (£) | 50,000 – 60,000 | 30,000 – 50,000 | 45,000 – 65,000 | 120,000 – 150,000 |
Why UK Parents Consider International Surrogacy:
✔ Faster process (shorter wait times).
✔ Legal certainty (immediate parental rights in some countries).
✔ More surrogate availability.
✔ Potential cost savings in some destinations.
Ethical Considerations while opting for surrogacy abroad for UK couples
- Informed Consent: Ensure the surrogate is aware of her rights.
- Fair Compensation: Even in altruistic surrogacy, costs should be fairly covered.
- Medical & Psychological Screening: Protect both surrogate and baby’s well-being.
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Conclusion
Surrogacy in the UK is a legal but complex process requiring patience and legal steps to establish parentage. Given the challenges in finding a surrogate and legal limitations, many UK couples explore international surrogacy options.
Next Steps for Intended Parents:
✔ Consult a UK surrogacy lawyer for legal clarity.
✔ Join surrogacy support groups to find potential matches.
✔ Consider international surrogacy if UK options are limited.
✔ Plan financially for IVF, surrogate expenses, and legal costs.
For expert guidance, contact surrogacy professionals to navigate the journey smoothly.
Get in touch for FREE SURROGACY CONSULTING:
Mobile: +91-8800481100 ( WhatsApp, Line, Viber)
Email: neelam@ivfconceptions.com
FAQ About Surrogacy in the UK
How much does a surrogate cost in the UK?
The total cost of surrogacy in the UK is in the range of £50,000 to £60,000 depending on the fertility clinic and the surrogate mother you choose.
Is surrogacy legal in the UK?
Yes, surrogacy is legal in the UK and only altruistic surrogacy is permitted. However, as per British law, the surrogate is viewed as the legal mother regardless of any contract with the Intended Parents. Thus, it is a must to have a “Parental Order” to gain permanent parental rights for the baby.
Who is eligible for surrogacy in the UK?
All intended parents are eligible to do surrogacy. However, before embarking on a long and complex surrogacy journey, it is important to know if this is the right route of parenthood for you.
Do surrogate mothers get paid in the UK? How much are surrogates paid in the UK?
UK surrogacy law forbids any financial compensation to the surrogate mother. However, intended parents can pay their surrogate mother reasonable expenses incurred by the surrogate mother. As per one of the court cases up to £25,000 can be given as an expense to the surrogate mother in the UK.
How to become a surrogate in the UK?
If you wish to become a surrogate in the UK, you need to follow the eligibility criteria like the right age group, having a baby of your own, good reproductive health, and being physically and emotionally stable.
Reference used:
- https://en.wikipedia.org/wiki/Surrogacy (Wikipedia – General overview and country-specific laws)
- https://www.legislation.gov.uk (UK Government Legislation on Surrogacy)
- https://www.cdc.gov/art/index.html (Centers for Disease Control and Prevention – Assisted Reproductive Technology Data)
- https://www.nhs.uk/conditions/surrogacy (NHS – Surrogacy Information for UK Residents)