Is Surrogacy Legal In The UK?

Summary

Surrogacy has come a long way, especially in the UK. The Surrogacy Arrangement Act of 1985 marked a significant step in legally recognising surrogacy. Fast forward to today, and ongoing discussions highlight the dynamic nature of public attitudes towards surrogacy, prompting potential changes to the existing law. In this article, we’ll focus on the current UK law in regards to surrogacy, looking at what it is, if it is legal in the UK, and any other considerations that may be useful if you’re thinking about starting a surrogacy journey. Surrogacy is when a woman, known as the “surrogate,” carries and gives birth to a child for others, called the intended parents. It is a process that involves legal, medical, and ethical considerations. People often opt for surrogacy if they face challenges in having a baby. This includes same-sex couples, individuals with fertility issues, those with medical conditions, or those who’ve had trouble with pregnancy before, such as recurrent pregnancy loss. In the UK, there are two types of surrogacy: 1. Full Surrogacy (Gestational Surrogacy): Intended parents use their own eggs and there is no biological connection between the baby and the surrogate.

Key information

• •Child eligibility: The child is under 18 and was conceived through surrogacy;
• •Genetic connection: If at least one intended parent is genetically linked to the child;
• •Residence: One or both intended parents must live in the UK, Channel Island or Isle of Man;
• •Surrogate consent: The surrogate should have willingly agreed to the Parental Order;
• •Timing: The Parental Order must be made within 6 months of the child’s birth;
• •Financial remuneration: No money or perks should be exchanged unless authorised by the court.
• •Creating a new Surrogacy Register to increase transparency. This register would provide children born through surrogacy the chance to find out who their biological parents are should they wish to when they are older;
• •More clarity over permitted and prohibited payments to the surrogate to make sure a surrogate is not left worse off during or after the pregnancy, while protecting them from exploitation;
• •Ensuring surrogacy remains an altruistic endeavour, rather than a profitable one (i.e. commercial surrogacy);
• •Legal and practical measures to safeguard the welfare of children born through international surrogacy.
• •Surrogacy has come a long way, especially in the UK. The Surrogacy Arrangement Act of 1985 marked a significant step in legally recognising surrogacy. Fast forward to today, and ongoing discussions highlight the dynamic nature of public attitudes towards surrogacy, prompting potential changes to the existing law.
• •In this article, we’ll focus on the current UK law in regards to surrogacy, looking at what it is, if it is legal in the UK, and any other considerations that may be useful if you’re thinking about starting a surrogacy journey.

Practical guidance

• •Source: [Is Surrogacy Legal In The UK?](https://lawhive.co.uk/knowledge-hub/family/is-surrogacy-legal-in-the-uk)

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