Surrogacy in the UK is shaped by a strong ethical foundation, where commercial surrogacy is not allowed, and all surrogacy arrangements are based on altruism.
One of the most fascinating aspects of surrogacy in the UK is the legal requirement that, after birth, intended parents must legally assume parental responsibility from the surrogate by applying for a parental order. This process ensures that the surrogate retains legal parenthood until the order is granted, unlike in other countries where parental rights are automatically transferred at birth.
The UK is also known for its growing number of surrogacy support organizations and charities, such as Surrogacy UK and COTS (Childlessness Overcome Through Surrogacy), which provide resources and support to both Surrogates and Intended Parents.
Surrogacy in the UK is regulated by the Human Fertilisation and Embryology Act (HFEA), defines the legal framework for all surrogacy arrangements.
One of the critical legal aspects of surrogacy in the UK is surrogacy agreements cannot be legally enforced. This means that even if both parties enter into a written agreement, the surrogate has the right to change her mind until the parental order is granted.
Intended parents need to apply for a parental order within six months of the baby’s birth to become the child’s legal parents. Both the Surrogate and her partner, if applicable, must give their consent for this order to be granted. While the parental order process is generally straightforward, it can be a source of anxiety for Intended parents, as the surrogate remains the legal parent until the order is approved.
