PollenTree

Surrogacy Q & A

•  I am looking for a surrogate. Can I advertise in my local paper or on the internet?

No. In the UK it is illegal to advertise for or to advertise to be a surrogate. The law does not however extend to websites abroad (although if you are based in the UK you may still fall foul of the law). Individuals or agencies can act on a non-commercial basis to facilitate a surrogacy arrangement for another person but not on a commercial (profit making) basis.

• Will I be paid for acting as a surrogate?

In the UK it is illegal to pay for a surrogate. However a surrogate can be paid their ‘reasonable expenses’.

• How much are a surrogate mother’s expenses?

There is no figure set down in law. However the expenses should be no more than ‘reasonable expenses’. They will usually include everything that a surrogate mother will have to pay whilst she is pregnant (e.g. maternity clothing, vitamins, hospital bills, travel, time of work etc).

• Should we use a Solicitor to draw up a legal agreement on surrogacy?

No. Surrogacy contracts or agreements are not legally recognised in this country. This means that any agreement drawn up will not be legally enforceable and the parties can change their minds at any time. However, written agreements can be useful simply to clarify all the parties views and intentions. A Solicitor is not necessarily needed for this. Any agreement should consider issues such as whether the surrogate mother will have any form of contact with the child after handover (e.g. sending photographs) and the views and wishes of the surrogate mother's partner.

• Do we need to use a clinic for insemination of the sperm into the surrogate mother?

No, this can be carried out in the home and it is possible to buy insemination kits. However the benefit of using a clinic is that their will be screening for sexually transmitted diseases and counselling will also be offered.

• I am using partial surrogacy through a clinic. How long can I  freeze/store my eggs for?

Currently the law says 5 years but the Human Fertilization and Embryology Bill proposes to change this to 10 years. Whilst the legal time limit can be extended further in exceptional cases (women undergoing cancer treatment) this extension does not apply to surrogacy procedures.

• I am a surrogate mother. Am I entitled to maternity leave?

Yes, a surrogate mother has the same entitlement to maternity leave and pay as any other pregnant woman. However, the intended mother will not have the same right to maternity leave once the child is handed over to her. As the child will not have been adopted she will also not be entitled to adoption leave and pay. However she will be entitled to time off for a dependent but this is not as beneficial as maternity leave.

• If we use a surrogate who will be regarded as the legal mother?

When a child is born to a surrogate mother, the surrogate is the legal mother and the husband is the legal father. In order to become the legal mother it will be necessary to apply for a ‘Parental Order’ from the court. The court will want evidence to show that no money other than reasonable expenses were paid and that the parties did not advertise for or to be a surrogate.

• Who will be registered as the parents on the birth certificate?

The surrogate mother and the  legal father will be registered as the birth parents. The intended parents must then apply together for a 'Parental Order' and a separate entry will then be made in the Parental Order Register showing the intended parents as the legal parents. It is not possible to revoke the birth certificate and the surrogate mother's details will remain on the Register of Births. A child can apply for a copy of their birth certificate from  the age of 18.

• How do we apply for a 'Parental Order"?

The intended parents must apply to the family division of the High Court within six months of the birth of the child. The child must be genetically related to one or both of the intended parents, living with them at the time of the application and both parents must be permanently living in the UK/Channel Islands/Isle of Man. The surrogate mother (and her husband if she has one) have to agree to an order being made. No money other than reasonable expenses must have been paid (unless payment has been authorised by a court). The intended parents must also be married to each other and over the age of 18.

• We are a gay couple. Can we use a surrogate?

Currently the law on surrogacy only applies to married couples and they can apply for a parental order recognising their parental status after surrogacy. However, the Human Fertilisation and Embryology Bill currently before Parliament will change this so that gay and single people can apply for parental orders following surrogacy.