Uk Surrogacy Law: Last December, the BBC published an article about the need for surrogacy law reform in the UK.
It is an option that is becoming ever more popular for couples or individuals looking to start or expand their families. That said, the legal environment concerning surrogacy can be complicated and differs considerably from one country to the next. There are legal aspects to surrogacy that one must know about in the United Kingdom if this is the path you are pursuing. In this guide, we’re going to address the question of whether surrogacy is legal in the UK, giving you a full breakdown of the surrogacy laws in the UK.
Surrogacy UK: Current law and regulatory framework
Surrogacy in the UK is primarily regulated by the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008. These laws lay the groundwork for the practice of surrogacy in the country. Answering the question directly: Is surrogacy legal in the UK? Surrogacy is legal in the UK, although there are certain conditions and limitations.
Through careful consideration and balancing of the parties involved, the legal rules on surrogacy in the UK are targeted to meet all needs, with child welfare at the forefront. Here are some things to know about where it stands now:
Only altruistic surrogacy arrangements are permitted in the UK. This means that the surrogate can be reimbursed for reasonable expenses, but selling a surrogacy is strictly forbidden.
Non-Enforceability in the UK: Surrogacy agreements in the UK are unenforceable. This means that if any party changes their mind, the courts cannot enforce them.
Legal Parent: The surrogate will always be the legal mother of the child at the time of birth, regardless of whether she has a genetic connection. If the surrogate mother is married or has a civil partner, her partner is generally deemed the second legal parent.
Parental Orders: Intended parents need to apply for a parental order in order to transfer legal parenthood from the surrogate (and her partner, if there is one) to them.
It is essential for anyone considering surrogacy as a route to parenthood to understand these crucial aspects of UK surrogacy laws.
Surrogacy Arrangements in the UK: The Basics
There are many legal considerations that all parties must be aware of when entering into surrogacy arrangements in the UK:
Restrictions on advertising: It’s against the law to advertise that you want a surrogate or that you will bear a child. Such a restriction is meant to prevent surrogacy from becoming commercialized.
Non-payment of a Child: Reasonable expenses can be reimbursed to the surrogate, but no payments that might be construed as purchasing a child are allowed. The court will examine every single payment made in relation to the parental order process.
Requirements of consent: The surrogate has to provide her full and free consent for the parental order to be made. Such consent cannot be given sooner than six weeks post-birth of the child.
Genetic Link: For a parental order to be granted, one of the intended parents must be genetically related to the child
Domicile: One of the intended parents must be domiciled in the UK, the Channel Islands or the Isle of Man to apply for a parental order.
Deadline for Application: The parental order should be applied for within 6 months of the child’s birth.
The CDU-arrangement concept can go a long way in ensuring that International surrogacy arrangements in the UK remain a viable option for everyone, but with so many legal implications taken into consideration, the benefits offered by this concept are evident.
What is the process for surrogacy in the UK with a parental order?
The process of surrogacy in the UK involves transferring legal parenthood from the surrogate to the intended parents through a parental order. This legal procedure establishes that the wished parents will be the child’s legal parents in the eyes of the law. Here’s a breakdown of the process and requirements:
When to Apply: The application for a parental order must be made within six months of the child’s birth.
Court details: There are usually one or more court hearings in the parental order process. The court will evaluate different variables to determine what meets the child’s best interests.
Eligibility Criteria for a Parental Order: To apply for a parental order, applicants must satisfy specific
One of the applicants must have a genetic connection to the child.
You must be older than 18 to apply.
At the time of application, the child must live with the applicants.
One applicant must be a UK, Channel Islands, or Isle of Man resident.
Surrogate’s Consent: The surrogate (and her husband or civil partner, if any) must consent in writing fully and freely to the parental order. This cannot be given until at least six weeks after the birth.”
Reasonable Expenses: The court will review all payments made to the surrogate. We don’t have expenses, only reasonable expenses.
Welfare of the Child: Above all else, the court must always consider the child’s welfare in the short and long term.
The parental order process is an essential stage in the surrogacy process; it legally establishes the intended parents as the legal parents of the child and extinguishes the legal parenthood of the surrogate.
UK Surrogacy Legal Status: Recent Developments and the Road Ahead
Surrogacy legal status in the UK is very much not static, with recent developments and proposals for reform:
Law Commission Review: The Law Commission of England and Wales and the Scottish Law Commission have been reviewing surrogacy laws since 2017. Their final report, issued in March 2023, contains proposals to modernize surrogacy regulation.
Proposed Reforms: Some of the main proposed reforms include:
One new pathway to parenthood that would allow intended parents to be considered legal parents from birth, with some caveats.
Greater safeguards for surrogates and intended parents.
This approach would lead to better regulation of surrogacy arrangements.
International Considerations: New legal battles show complications with international surrogacy, from recognition of foreign arrangements to immigration.
More Accepting: There’s a growing trend of acceptance around surrogacy regardless of family construct. In statistics, there has been an increase in the number of parental orders granted, growing from 117 in 2011 to 413 in 2020.
Support Infrastructure: The number of support organizations and the availability of better guidance resources are on the rise for people interested in surrogacy.
Although the proposed changes are not yet legislation, they suggest a movement away from the current status quo towards a more transparent, more supportive legal landscape for surrogacy in the UK.
Conclusion
Surrogacy in the UK is a legal process that follows a complicated legal process to ensure every individual’s rights are protected, especially for the child. If you’re thinking about surrogacy as your route to parenthood, it’s important to understand surrogacy laws in the UK. The process of surrogacy in the UK is complex, and each aspect is regulated in its own way.
With changing laws and proposed reforms ahead, it is critical to be informed and obtain professional legal guidance to understand the surrogacy process in the UK. From intended parents to potential surrogates, there are many parties interested in understanding UK surrogacy law; however, for both intended parents and surrogates, this is often the first step towards successfully a surrogate journey.
This guide covers these essential aspects, but remember that surrogacy laws are sometimes nuanced and dynamic. For specific advice regarding your situation, always seek a fertility law specialist who can provide you with the most current and accurate information.
