GSCENE 19
“Although surrogacy
is legal in the UK, a
surrogacy commercially
arranged by advertising
or similar methods is not”
IS SURROGACY
FOR YOU?
Although surrogacy has provided a great
opportunity for many same sex couples to have
children, is it something you should consider and
is it right for you? By Susan Eskinazi
) Surrogacy in simple terms is an
arrangement in which a couple or a single
person arrange for a woman to carry and
deliver a child for them. Traditional and
gestational surrogacy are the two types of
surrogacy.
Traditional surrogacy is when the surrogate’s
egg is used making her the genetic mother,
whereas gestational surrogacy is when the
intended (also referred to as the social)
parent or parents may provide sperm, eggs or
sometimes an embryo or they may use donors
to provide these. In these cases the surrogate
is not related to the child in any way.
Should you choose to have surrogacy in a
country other than UK there is an
international surrogacy agreement to cover
this. Although foreign surrogacy may seem
the easier option be aware that it can be
more complicated. Seeking prior advice is
crucial both in the UK and the country of
your choice, certain legal complications can
arise over immigration rights, nationality
status and payments involved. The surrogacy
agreement has to comply with the legal
requirements of both the UK and the country
of surrogacy which may create other
problems.
Although surrogacy is legal in the UK, a
surrogacy commercially arranged by
advertising or similar methods is not.
Surrogates cannot be paid for anything other
than reasonable expenses such as loss of
earnings, travel, maternity clothing,
medications or vitamins, plus any extra
expenses incurred for twins or more. Other
expenses to consider will be surrogacy fees to
the clinic, which vary from clinic to clinic and
depend on what is involved in the
arrangement - insemination or IVF and how
many attempts you have.
To become a legal parent you must apply for a
Parental Order following the child’s birth.
There are strict criteria that need to be met
before a Parental Order is applied for and
once again you need to seek specialist legal
advice before embarking on a surrogacy
arrangement to make sure you are entitled to
apply for a Parental Order. Parental Orders are
designed especially for surrogacy, providing
an alternative to adoption, and they can only
be made by the court and with the permission
of the surrogate mother and her partner. A
Parental Order confirms full parental rights
upon the intended parent or parents and at
the same time extinguishes those of the
surrogate and her husband or civil partner.
Once an order has been granted a new birth
certificate is issued with the intended parents
names.
Although the process of someone else
carrying your baby may seem quite
overwhelming it is also an exciting time.
Being in great shape mentally and physically
as well as being armed with the necessary
legal information should make for a smooth
passage into parenthood.
It is important to remember that surrogacy
arrangements are unenforceable by law and
before making any decisions you should seek
legal advice.
The birth mother of a child born through
surrogacy is always considered, under The
Human Fertilisation & Embryology Act
2008, the legal parent until this is changed
by the court. This applies even if the
surrogate mother is genetically unrelated to
the child. She will be named as the child’s
mother on the birth certificate, and if she is
married or in a civil partnership her partner
will be considered the other legal parent even
if there is a biological one. But the biological
father will be considered the legal father in
cases where the surrogate is not married.
) Susan Eskinazi is a family lawyer at
Eskinazi & Co, London, a firm with
specialist knowledge of all aspects of
family law.
They have successfully represented people
throughout London, Greater London and
the surrounding areas sin