For many families, the decision to embark on a surrogacy journey can be an emotional one, triggered by any number of previous fertility challenges. For same-sex couples, the process can be similarly daunting, but in both cases, it is the misunderstanding or misconception of what surrogacy involves and how it actually works in practice that presents the biggest barriers.
In this article we address what you should expect to happen should you decide that surrogacy is the right conception method for you
how does surrogacy work?
There are two distinct types of surrogacy arrangements: straight and gestational.
Straight surrogacy involves the surrogate providing her own eggs for the pregnancy. This option is available for heterosexual or male same-sex couples, as well as individuals. The intended father’s sperm is then used for conception through self-insemination at home or with the assistance of a fertility clinic. In cases where fertility issues arise, embryos can be created in vitro and transferred to the surrogate’s uterus.
On the other hand, gestational (or host) surrogacy does not involve the surrogate providing her own egg. Instead, embryos are created in vitro and transferred to the surrogate’s uterus. This can be done using the intended mother’s eggs fertilized with the intended father’s or donor sperm, or with eggs from a donor fertilized with the intended father’s sperm for same-sex male couples, or when the intended mother cannot use her own eggs.
If you choose gestational surrogacy, the first step usually involves creating the embryos. It is important to decide on the surrogacy path and create the embryos in the same country where your surrogate will be located.
Finding a surrogate in the England and Wales can be unpredictable and time-consuming due to a shortage of surrogates. Many intended parents opt for overseas surrogacy because it offers a more predictable matching process. By engaging a professional agency abroad, you can expect an estimated timeframe for finding a surrogate. The timeframes for matching vary across different international surrogacy destinations.
Generally speaking, you can anticipate a surrogacy journey to last between 18 to 36 months, although it could last far longer depending on the surrogacy location you select and or how simply the process develops.
International Surrogacy
Specialist licenced surrogacy organisation, Brilliant Beginnings, reports that surrogacy applications in England and Wales have skyrocketed in recent years, with international applications rising from just one, to 120 between 2008 and 2018.
As the most popular choice for British and UK-resident parents, the USA offers a host of benefits, including expert professionals to match you with a surrogate, rigorous ethical standards, exemplary clinical care, and legal protection. Plus, in the majority of states, the intended parent is recognised as the child’s legal parent from the moment they are born unlike in England and Wales, where a parental order must be granted first.
The Ukraine presents another option for parents seeking surrogacy, but it is only legal where there is a medical need for surrogacy within a different-sex married couple. Agencies and fertility clinics manage and facilitate the relationships between the surrogate and the intended parent, and in general, the relationship between the two is far less personal and engaged than in England and Wales, however like in the USA, the Ukraine does provide legal recognition of intended parents from birth. Be mindful that due to ongoing conflicts with Russia, the Foreign Office is currently advising against pursuing surrogacy arrangements in the Ukraine.
For a more altruistic approach to surrogacy, Canada could be a consideration. Although the screening process may be more limited compared to US agencies, there are consultancies that connect intended parents with volunteer surrogates. Compensation for surrogates is strictly regulated, resulting in longer wait times, but all family types, regardless of gender or sexual orientation, are welcome. Canada’s legal framework ensures that your surrogacy agreement will be legally recognised, with intended parents acknowledged as legal parents from birth.
Greece also has surrogacy services available for different-sex couples and single mothers, though the process is more complex. The law requires an application for a court order before embryo transfer, though once approved, the intended parents will be recognised as having parental rights from birth. Greece is not a well-established surrogacy destination, however, and has limited agencies and a low number of potential surrogates.
Until recently, Georgia has treated surrogacy in a similar manner as the Ukraine, and would have been a viable option for different-sex married couples with medical need, however, in June 2023, the Georgian Prime Minister announced plans to prohibit surrogacy for foreign intended parents from January 2024.
Surrogacy also operates in a number of countries, without a clear legal framework. However, a concerning trend has emerged, where surrogacy faces sudden bans and restrictions following negative media coverage and ethical concerns.
This leaves both parents and surrogates in a state of uncertainty and vulnerability, with potential penalties for surrogates and obstacles for intended parents. Before considering surrogacy in an unregulated destination, it is vital to thoroughly assess the risks involved.
Finding a Surrogate in England and Wales
Finding a surrogate can be challenging due to legal restrictions, however, there are still several options available.
One option is to work with a non-profit surrogacy organisation or agency. There are four reputable organisations – Brilliant Beginnings, COTS, My Surrogacy Journey and Surrogacy UK. Each operates differently, so it’s important to undertake research regarding their processes before making a decision on engaging their support.
Another option is to consider asking a friend or family member to be your surrogate. While this may not have been a topic of discussion yet, it’s worth considering as we have helped many intended parents in similar situations.
Alternatively, you can find an independent surrogate through social media or the internet. There are websites and closed Facebook groups where intended parents and surrogates connect. It’s important to note that working independently may have less screening and support compared to working with an organisation. It’s crucial to get to know a surrogate, follow the necessary steps, and seek legal advice before proceeding.
You should be aware that it is illegal to advertise for a surrogate or promote your services as one. These actions are expressly forbidden by the Surrogacy Arrangements Act of 1985. It’s also forbidden to negotiate or plan a surrogacy agreement for profit.
Are there any risks involved in surrogacy?
Embarking on the path of surrogacy is a big step for intended parents. The fear of a surrogate changing her mind can be overwhelming, especially in England and Wales where the law considers the surrogate the legal mother of the child. But the truth is, surrogacy disputes in England and Wales are extremely rare. Thousands of successful surrogacy arrangements have been made, with only a few cases where a surrogate to refuse to give up the baby. Surrogates generally don’t see themselves as the child’s mother; they prioritise their bond with the intended parents instead.
Be mindful that there is risk on the side of the surrogate and their partner too. There is always the worry that the intended parents might have a change of heart and leave them unexpectedly responsible for a child. The legal framework, which makes the surrogate and her partner the legal parents at birth, intensifies this concern. But in reality, the risk is minimal given the arduous journey many couples go on to arrive at this point.
Most disputes arise from breakdowns in communication during the pregnancy. Building a strong relationship, discussing expectations, and seeking support from an objective agency are crucial steps to ensure a smooth journey and quick resolution of any issues that may arise.
Surrogacy Agreements
Create a solid Surrogacy Agreement to ensure clear communication and understanding between all parties involved in a surrogacy journey. Although not legally binding, this well-structured agreement sets the parameters and expectations, providing a framework for resolving any future disagreements and establishing responsibilities. Covering personal information, conception and pregnancy arrangements, birth plans, challenges, communication, legal implications, and expenses, the agreement covers all aspects of the arrangement.
After reaching an agreement, the conception process starts. Gestational surrogacy involves transferring an embryo to the surrogate, while traditional surrogacy allows for fertility monitoring and insemination. It is important to be prepared for the possibility of multiple IVF cycles to increase the chances of a successful pregnancy.
Once the baby is born, the intended parents become the primary caregivers. However, in England and Wales, a parental order must be obtained to establish legal parental status, even if the baby is born overseas and the intended parents are listed on the birth certificate. This process involves the family court and a court-appointed social worker, and can only proceed with the surrogate’s consent.
With the granting of the parental order, the surrogate relinquishes all rights and obligations to the child.
Navigating the complex legal landscape of surrogacy is essential, especially if you’re exploring options overseas. Get the crucial support and guidance you need from our dedicated team of surrogacy experts. With their confidential and compassionate assistance, we’ll help ensure a smooth surrogacy journey for you. Reach out to us today for impartial and practical advice.
