FERTILITY NEWS

Surrogacy 101: Understanding the Process, Costs, and Legal Aspects

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Surrogacy offers a meaningful path to parenthood for many individuals and couples, particularly those who face medical, biological, or social challenges in having children. However, navigating surrogacy can be complex, involving emotional, legal, and financial considerations. This guide provides a clear and concise overview of the surrogacy process, the two main types of surrogacy, and the steps involved in ensuring a successful and legally sound journey to parenthood.

There are two primary types of surrogacy: traditional and gestational. In traditional surrogacy, the surrogate uses her own egg, making her the child’s biological mother. This method, typically achieved via artificial insemination, is less common due to the emotional and legal complexities it can introduce. On the other hand, gestational surrogacy involves the implantation of an embryo created using the intended parents’ (or donors’) egg and sperm into a surrogate who has no genetic connection to the baby. Gestational surrogacy is more widely practiced, especially in the UK, where traditional surrogacy carries more legal challenges.

The surrogacy journey is typically broken down into several key stages. It begins with an initial consultation, during which intended parents explore whether surrogacy is the right choice for them. This stage involves medical evaluations, legal consultations, and financial planning. Once surrogacy is chosen, the next step is finding a surrogate. In the UK, surrogates can’t be paid for their services beyond reasonable expenses, so intended parents often work with agencies or connect with someone they know.

Legal agreements, though not enforceable in the UK, are vital for setting expectations and outlining responsibilities. These agreements help avoid potential disputes and clarify the surrogate’s rights and any expected expenses. After legal planning, both the surrogate and intended parents undergo medical and psychological screenings to ensure all parties are ready—physically, emotionally, and mentally—for the process.

The medical phase begins with IVF, during which embryos are created and transferred into the surrogate’s uterus. This stage requires precision and medical oversight to increase the likelihood of a successful pregnancy. Once pregnant, the surrogate’s health is closely monitored, and clear communication is maintained between her and the intended parents to build trust and cooperation.

After the baby is born, legal parenthood does not automatically transfer to the intended parents in the UK. Regardless of genetic connection, the surrogate is considered the legal mother at birth. To gain full parental rights, the intended parents must apply for a parental order, which legally transfers parenthood from the surrogate to them.

In summary, surrogacy is a life-changing process that involves thoughtful planning and careful navigation of medical and legal systems. Understanding the types of surrogacy, the detailed process, and the laws involved—especially in the UK—is essential for a smooth experience. Whether you’re considering surrogacy as an intended parent or a surrogate, being informed and prepared is the key to a successful and fulfilling journey to parenthood.

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