Education and Child Matters

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International Gestational Child Surrogacy

 

NOTE 1 – This webpage is about international gestational child surrogacy only. For domestic gestational and traditional surrogacy please click on the link below. 

LINK TO OUR L.I.P HELP GUIDE FOR DOMESTIC GESTATIONAL AND TRADITIONAL SURROGACY

NOTE 2 – The following topics are discussed in our help guide for domestic gestational and traditional surrogacy. Please click on the link above and read these topics before you read this webpage.

  1. Why is surrogacy important?
  2. What does the UK law say about surrogacy?
  3. What is the role of Cafcass in the surrogacy process?
  4. What is the court process for the intended parents to get a parental order?

NOTE 3 – Before you read this webpage please allow us to explain the meaning of a few words and terms we will use in the write up below.

1. SURROGATE PARENT(S) – The surrogate parent(s) are the birth parent(s) of the child. The birth parents are the following individuals:

    • The birth mother is the woman who is the surrogate and carries the baby.
    • The birth father is the husband or civil partner of the birth mother whether he is the genetic father of the child or not. However, if this individual has not consented to her being a surrogate then he will not be considered the birth father. For further detail please read page 10 of form C51.
    • The second female parent is either married to the birth mother or is in a civil partnership with her. However, if this individual has not consented to her being a surrogate then she will not be considered the second female parent. For further detail please read page 10 of form C51. 

2. INTENDED PARENT(S) – The intended parent(s) is the individual or couple who intend to apply for a parental order once the child is born. The intended parents sometimes are the genetic parents of the child.

3. DOMICILED – To be domiciled means the place where your permanent home is where you live or intend to come back to.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C51 – court application form used to apply for a parental order

NOTE 4 – Below in this write up we explain that once a surrogate baby arrives in the UK the intended parents have to apply to the court for a parental order so they can take parental responsibility for the child. To do this one of the intended parents must be the genetic parent of the child. The intended parents CANNOT apply for a parental order to legally transfer parental responsibility from the surrogate parent(s) to themselves unless one of them is the genetic parent of the child.

WHAT IS INTERNATIONAL SURROGACY?

International surrogacy is the term used when a woman from overseas carries and gives birth to a child whom after the birth another couple or individual (the intended parents) will take parental responsibility for. 

In the UK it is legal to use a private surrogate to carry your baby as long as she is only paid expenses. Commercial surrogacy where a surrogate is paid money is illegal in the UK. In some countries it is legal to pay and hire the services of a commercial surrogate to carry your child for payment.

There are two types of surrogacy. They are gestational and traditional. Of the two, today, gestational surrogacy is more common. 

WHAT IS GESTATIONAL SURROGACY?

With gestational surrogacy the surrogate mother has no genetic connection with the child.

The sperm of a man fertilises the egg of a woman to form an embryo in a laboratory. This embryo is then implanted in the uterus of a surrogate woman so that the embryo can implant itself into the uterus wall and a pregnancy can start. This process is called in vitro fertilisation (IVF).

The sperm and egg can be from the couple arranging the surrogacy or either sperm or egg can be from a donor if the couple are same sex for example.

IF THE PREGNANCY IS VIA GESTATIONAL SURROGACY CAN THE SURROGATES DNA TRANSFER TO THE BABY DURING THE PREGNANCY?

No it cannot and does not.

WHAT IS THE ATTRACTION OF INTERNATIONAL SURROGACY?

There are many things that attract intended parents to use an international surrogate. They are:

  1. It is financially very cost effective.
  2. Some countries will stipulate in a surrogacy agreement granted by a court that the intended parents are the legal parents of the surrogate child once the delivery has taken place and will write their names on the birth certificate.
  3. Some countries will allow the intended parents to leave the county with the newborn after a month or so depending upon the individual case. The newborn will need to acquire travelling documents from the UK embassy.

WHAT ARE THE DIFFICULTIES OF USING A SURROGATE FROM ABROAD?

There are many concerns of using a surrogate from abroad. They are:

  1. You cannot be physically close to your surrogate because of the distance.
  2. The surrogate mother may have been forced to be a surrogate.
  3. Does the surrogate have access to adequate medical healthcare?
  4. Has the surrogate received the correct information about the whole process?  
  5. Has the surrogate understood the surrogacy process and what it entails?
  6. Will the surrogates rights be respected?
  7. Will she have multiple embryos transferred to her uterus?
  8. Will she be forced to live in a surrogate camp during the pregnancy?
  9. Will she receive counselling and childcare?
  10. If the surrogate is from a community that believes what she is doing is immoral they may target her and her family.
  11. You may not have an input in her habits when she is pregnant.
  12. There may be a language barrier making communication between you and the surrogate difficult.
  13. There may be immigration issues regarding your surrogate child.
  14. The process of getting a passport for your surrogate child could take many months. 
  15. Your surrogate child may not be granted citizenship and a passport for your country.
  16. There may be difficulties with registering the birth of your surrogate child.
  17. There may be difficulty obtaining legal parental responsibility for the child.
  18. The child could end up with no legal parents and thus be stateless.

In some countries you may be able to have your name on the birth certificate however, in the UK it may not be recognised. 

SHOULD YOU USE A REPUTABLE  SURROGACY AGENCY?

Yes you should. 

WHAT TO DO TO BRING YOUR SURROGATE CHILD TO THE UK?

If you use an agency they will help you do this and arrange the paperwork. However, please note the following points:

1. The surrogate child’s entitlement to come into the UK and remain here is connected to the intended parents citizenship and status.

2. The intended parents must apply for the surrogate child’s passport from abroad.

LINK TO GOVERNMENT WEBSITE FOR GET A PASSPORT FOR YOUR CHILD – SURROGACY AND SPERM DONATION

LINK TO GOVERNMENT WEBSITE FOR OVERSEAS BRITISH PASSPORT APPLICATIONS.

3. To obtain a UK passport for a surrogate child may take many months.

WHAT DO YOU DO WHEN THE CHILD ARRIVES IN THE UK?

Once the child arrives in the UK you can make an application for a parental order.The intended parent(s) can only apply for a parental order if the following conditions are met:

  1. As stated above, to apply for a parental order one of the intended parents or the intended parent must have a genetic link to the child.
  2. One of the intended parents or the intended parent must be domiciled in the UK
  3. The child must be living with the intended parents or intended parent when the parental order application is submitted.

LINK TO HOME OFFICE GUIDE ON INTER-COUNTRY SURROGACY AND IMMIGRATION RULES.

LINK TO GOVERNMENT WEBSITE FOR SURROGACY OVERSEAS