What is surrogacy?
In this article
What's the lowdown?
Surrogacy is legal in the UK
There are 2 types of surrogacy: full and partial
It is illegal to pay a surrogate for their services but you can reimburse them for reasonable expenses
Once the baby is born, the surrogate has the legal right to the child and this needs to be transferred over to the parents through the courts
When a woman carries a baby for another person to become the parent of that baby, it is considered surrogacy.
Surrogacy can be used by1:
- Couples who are unable to carry their own child due to medical or physical reasons
- Same-sex couples
- People with fertility issues such as recurrent miscarriages or IVF failures
- Women do not want to carry a baby for personal reasons
What are the types of surrogacy?
There are 2 types of surrogacy1:
- Full surrogacy, host surrogacy or gestational surrogacy: These all refer to the same type of surrogacy where there is no genetic connection between the baby and surrogate either with the use of donor eggs or the intended mother’s eggs. This is usually done with in-vitro fertilisation (IVF).Â
- Partial surrogacy or traditional surrogacy: This is when there is a genetic relation between the surrogate and baby, usually as the surrogate’s eggs have been fertilised. This is often done via intrauterine insemination (IUI), where the intended father’s sperm or donor sperm is injected directly into the surrogate’s womb.Â
What is the cost of surrogacy?
You cannot pay a surrogate directly in the UK, but you are responsible for their expenses. This refers to covering the cost of treatment, clothes, travel and any loss of income they might experience during the time while they are pregnant1.
We cannot give you a set amount as expenses might vary but Surrogacy UK estimates costs of on average around ÂŁ10,000 to ÂŁ15,0002. This number does not include the cost of fertility treatment, either IUI or IVF, depending on the type of surrogacy. IVF is more expensive than IUI2.
How successful is surrogacy?
It is hard to give a blanket figure on the success rates of surrogacy as it is dependent on many factors such as1:
- The ability for the surrogate to get pregnant
- Age and quality of the eggs being used (either donor, mother or surrogate’s)
- The success rate of the treatment being used for the surrogate to become pregnant (eg. IUI or IVF)
- Sperm quality (either the father’s or donor’s)
Surrogacy UK age limits
According to Surrogacy UK, if a person has their own kids, they need to be at least 21 years old to be a surrogate, and at least 25 years old if they are childless. There is no set upper age limit and would ultimately be up to the family you choose and the clinic3.
Women over the age of 35 are generally considered to have a higher risk of complications during pregnancy1.
How does surrogacy work
Your initial question might be: is surrogacy legal in the UK? Well, yes it is but there are some legal frameworks in place you should be aware of4.
There are different routes to go down before embarking on surrogacy. You can choose to ask a family member or a friend directly if you trust them to carry your future child.
If this is not an option or something you are not comfortable with, you can use someone you do not know. You cannot ask your clinic to find a surrogate for you as this is prohibited by the law. However, there are organisations like Surrogacy UK, Brilliant Beginnings, Nappy Endings and countless others that can support you in finding a surrogate1.
Surrogacy laws UK
It might be tempting to advertise for a surrogate online or by word of mouth, however, this is illegal in the UK. Organisations can assist you in the search for a surrogate but they cannot receive any payments for this3.
It is wise to draw up a surrogacy agreement beforehand where you note down the preferences of parents and surrogate, however, remember this is not enforceable by law3.
Technically, even if the child is not genetically the surrogate’s, they are the legal parent of the child and so is their spouse/partner. Surrogates will need to transfer over the legal rights through the courts to the intended parents. This process can take up to a year at times.
The surrogate might ask for payment but this is illegal. You will only be able to pay for reasonable expenses such as travel, clothes, loss of earnings due to pregnancy, childcare and anything relating to pregnancy…..perhaps pregnancy yoga, and even a celebratory meal after delivery3.
Interesting fact: Surrogates are entitled to the same amount of maternity leave and pay as though they are having their own child3.
Surrogacy NHS
Sadly, surrogacy is not available on the NHS for any reason. So there are no eligibility criteria to be aware of. Surrogacy is purely a private fertility treatment option5.
Summary
Surrogacy is a big decision considering that the surrogate will ultimately have the legal rights over the newborn which can lead to some potential complications if they change their mind after delivery. Before taking this step, speak to other people who have been down the surrogacy route and get the true picture of what it entails.
There is also an interesting 3-episode BBC series on surrogates which sheds more light on surrogacy in the UK. If you are thinking about using a surrogate or have had a child through surrogacy, we want to hear from you to help others!
Dr Fatema Dawoodbhoy
Fatema is currently training in London as an Academic doctor, with a special interest in Obstetrics and Gynaecology. She is passionate about championing women to understand their bodies better and prioritise their health. She understands the importance of clinically accurate articles and has been writing engaging and educative medical content for 5 years.
Our medical review process
This article has been medically reviewed for factual and up to date information by a Lowdown doctor.
