Surrogacy - Elton and David

Here are some quick facts:

1. There are two types of surrogacy

a)Straight / Partial – The surrogate uses her own eggs and is inseminated with sperm donated from the intended father. If you are a male same sex couple, you may both donate sperm and choose not to know which was used.

b)Host – The surrogate is implanted with an embryo (IVF).

2 Commercial surrogacy agreements are not legal in the UK – you may pay reasonable expenses to a surrogate but not a commercial fee for being a surrogate. Whether the expenses are reasonable will depend case on case.

3 The legal mother of the child born will be the one who gives birth and not the one who donated the eggs. If you are the intended mother, you will need to apply to the court for a Parental Order. The Parental Order will confer parental status upon you and a new birth certificate will be issued.

4 The father/second parent of the child depends on whether the surrogate was married at the time that the child was born. If she was married or in a civil partnership and the husband/civil partner consented to the surrogacy, he is the legal father or in the case of civil Partners, she is the 2nd Parent. If the surrogate is not married nor in a civil partnership, the intended father who donated the sperm is the legal father.

There are several conditions to satisfy before applying for a Parental Order and a strict timeframe for applying. Consents are required from the surrogate mother and her civil partner or husband after the birth of the child.

Certainly, the whole process requires absolute planning from the moment you make your decision.

You need to take advice on the following:

1 The law surrounding surrogacy arrangements in this country and the country where the host resides

2 International surrogacy (very common especially in the US, India and Europe)

3 Immigration issues when bringing the child into this country

4 The terms of the surrogacy arrangement

5 What are reasonable expenses?

6 Who is legal parent?

7 What if neither of you are the biological parent?

8 What is the timeframe, criteria and procedure to apply for a Parental Order?

9 What if the surrogate changes her mind?

10 Will a parental order be granted if the court feels that you have paid more than ‘reasonable’ expenses?

Surrogacy is a wonderful opportunity for couples to become parents. However, entering into arrangements without planning and legal advice can often lead to disappointment and heartbreak.

Best regards, Harjit Sarang

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