Surrogacy in the UK| Surrogate Mother Cost in UK| Gay Surrogacy in UK
Surrogacy is an assisted reproductive technique (ART) that enables intended parents to have a child through the help of a surrogate mother (also known as a gestation surrogate mother or carrier). The process involves fertilizing the intended mother’s eggs ( or sometimes egg donor eggs) with the intended father or donor sperm through in In-Vitro Fertilization (IVF). The resulting embryos and then cultivated till day 5 and transferred to the surrogate’s womb. Gestational surrogacy is a complex and emotionally charged process that requires careful planning, legal guidance, and medical expertise.
In this article, we will provide you with all the information including the legal framework, the process, the costs, and the risks involved. Our goal is to equip you with the knowledge you need to make informed decisions and ensure a successful surrogacy journey.
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 However, the legal framework for UK surrogacy is outdated and does not provide adequate protection to intended parents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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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 agency in the UK matching is allowed.
Besides this, as per surrogacy laws in 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
In the UK, there are two types of surrogacies: traditional and gestational.
In traditional surrogacy, the surrogate mother uses her own eggs to conceive the child. Thus, she is genetically related to the baby. In gestational surrogacy, the surrogate mother carries an embryo created from the intended parents’ or donors’ eggs and sperm. Here, the surrogate is just a carrier. Gestational surrogacy is the more common form of surrogacy, as it eliminates the legal complications that arise when the surrogate mother is genetically related to the child.
If a surrogate mother in the UK is married, it could lead to more complications in terms of getting the legal parentage of the baby by commissioning parents. As per UK surrogacy laws, if the surrogate has a civil partner, he will be the legal father of the baby even if he has no genetic linkage and no way related to the surrogate process. That is why for UK intended parents single surrogate mother is provided to avoid an over-complicated process after the birth of the baby.
Finding a surrogate mother in 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 so 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.
Intended parents and surrogate mothers in the UK can find each other:
- Online surrogacy forums in the UK or abroad
- Via common friends or relative
- Via a non-profit organization that facilitates the surrogacy journey
- A Facebook support group or website where both parents and surrogates can enroll themselves.
What are the hindrances to UK surrogacy process?
What are the hindrances to 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
Gay surrogacy in UK has become an increasingly popular option for same-sex couples who wish to start a family. The surrogacy regulations are the same for all family types. Now, is possible for single parents to apply for a parental order for a baby born via surrogacy journey. There are also legal firms that specialize in LGBT family law and can provide advice and assistance to gay couples pursuing surrogacy.
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.
The Surrogacy Process in the UK
The surrogacy process in the UK comprises several stages such as
- Finding a surrogate,
- Undergoing medical screening,
- Fertilization, and embryo transfer.
The intended parents and the surrogate mother must also undergo psychological assessments and legal counseling to ensure that they fully understand the implications of surrogacy and are prepared for the emotional and legal challenges that may arise.
Is surrogacy in the UK legal?
Yes, but only altruistic surrogacy is allowed. Read more about UK Surrogacy Act -1985.
Surrogacy in 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.
What UK surrogacy law says:
- In the UK, Surrogacy arrangements cannot be advertised or commercialized. This is true for both surrogate mothers and intended parents. Both parties, cannot advertise that they are looking for surrogacy thus making it difficult to find each other except for mutual connections.
- It is illegal to pay a surrogate mother except for basic expenses for her services. The commissioning parents can pay to surrogate mother — actual medical cost, travel cost, loss of work cost, home care cost, Surrogate house in the UK, etc.
- The surrogacy law in the UK states that the woman who gives birth to the child is the legal parent of the child.
- If the surrogate has a spouse; then the spouse has legal rights over the child. A surrogate can ask the intended father to pay for the financial support for the baby.
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 parent 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 he 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 in the UK for surrogacy baby
Establishing Parentage in cases of Surrogacy for british citizens is an important step to gaining the permanent legal parentage of the baby by the intended parents.
After the birth of the child, the intended parents need to file for the adoption of the child. The parental order proceeding needs to be completed within 6 months after birth.
A parental order is like a court order, which ensures all the legal rights are assigned to them, and a new birth certificate is issued with their name on it.
For parental adoption, the intended parents need to show the family court that it is in the best interest of the child to be with them.
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 UK can be between £50,000 to £60,000 depending upon the surrogate mother and the type of medical facility you are using.
This total UK Surrogacy Cost consists of:
- Surrogate mother reimbursement/expense
- IVF process fee paid to the fertility clinic.
- Legal fees for surrogacy agreements and getting the parental order for the baby
- Consulting fee for managing or guiding the surrogacy journey
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 expense 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
Cross-border surrogacy for UK couplesDue 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.
All-Inclusive Guaranteed Baby Surrogacy Plan in Colombia for gay men surrogacy and single male surrogacy (Bogota) is $65,000
The surrogacy cost in Colombia for the guaranteed baby program (fixed-price programs with unlimited clinic & admin services) is $65,000. Surrogacy in Colombia is the most recommended for same-sex couples or single males due to the AFFORDABLE, LEGALLY SECURE, & ALL-INCLUSIVE GUARANTEED BABY PLAN. Almost 90% of cases, in this new destination, are gay couples who cannot afford high surrogacy costs in the USA.
Learn more: https://www.ivfconceptions.com/surrogacy-in-colombia/
All-Inclusive Guaranteed Baby Surrogacy Plan in Georgia (Tbilisi) is $66,000
The surrogacy cost in Georgia for the guaranteed baby program (fixed-price programs with unlimited clinic & admin services) is $66,000. Our surrogacy in Georgia program includes unlimited IVF with an egg donor and embryo transfer procedures to a surrogate mother until you have a healthy baby. This program is exceptionally in demand due to its low cost and live baby birth guarantee. The cost is less than 50% of the typical USA surrogacy cost and is fully legally secure. Available to married couples with more than one year of marriage.
Learn more: https://www.ivfconceptions.com/surrogacy-in-georgia/
All Inclusive Guaranteed Egg Donor Surrogacy in Mexico for all family types (Mexico City) is $66,900
The surrogacy cost in Mexico for the guaranteed baby program (fixed-price programs with unlimited clinic & admin services) is $67,000. We are proud to offer the most affordable, secure, and reliable surrogacy programs in Mexico City with the team having more than 13 years of experience in global surrogacy services.
With a new Supreme Court decision in 2021, surrogacy in Mexico is now one of the best options globally for singles and couples of all sexual orientations seeking to have a family through an affordable and legal surrogacy arrangement.
Learn more: https://www.ivfconceptions.com/surrogacy-in-mexico/
If any of the above programs suits you and you wish us to help you in your surrogacy parenthood journey, we are just a click away. Or else, if you wish to discuss your specific gestational surrogacy case, contact us!
Stop postponing and start your journey Now! Together we can make parenthood possible!
If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, or the best surrogacy agency in the UK, check out the rest of our website at IVF Conceptions. We offer legally secure and affordable surrogacy services to build families with love.
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 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 UK?
If you wish to become a surrogate in 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.