Fertility & Surrogacy | Surrogacy & Parentage
Surrogacy is available for both heterosexual and same-sex couples (although in both scenarios, the couple must be married, in a civil partnership or an “enduring relationship”) and surrogacy arrangements are legal as long as certain criteria are complied with.
One of the key requirements is that the surrogacy arrangement cannot be on a commercial basis which means that save for certain permitted expenses payments, no money must change hands as part of the surrogacy arrangement or even the setting up of a surrogacy arrangement.
There are typically two types of surrogacy. The first uses the surrogate’s own egg together with the sperm of one of the commissioning parents (known as traditional surrogacy).
The second type is known as gestational surrogacy and uses either one of the commissioning parent’s eggs or a donor egg and either one of the commissioning parent’s sperm or donor sperm.
Whichever mechanism is used, it is important that the gametes (eggs or sperm) of one of the commissioning parents is used otherwise it is impossible to apply for a parental order.
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There are many myths and misconceptions about international surrogacy which can make surrogacy abroad feel daunting. To help tackle this, we have set out some of the most common myths and our advice below:
Whether the law still remains fit for purpose 10 years on is something the Law Commission is currently considering as part of a wholescale review of surrogacy law. Whilst most surrogacy arrangements are successful, there remains the occasional case when it can go wrong.
Surrogacy is an increasingly common way to have a child. However, anybody in the UK who is planning to have a child through a surrogacy arrangement should bear in mind that whilst surrogacy is legal in the UK, it is under a very different culture and is enshrined in a philosophy that surrogacy should not be commercial.
Liz Bottrill, David Burrows and Victoria Goodhall were invited to attend the Parliament building at Portcullis House this morning by the Office of Andrew Percy MP for the inaugural meeting of the All Party Parliamentary Group on Surrogacy.
Liz Bottrill and David Burrows were invited to join Manchester Fertility's first open day last Sunday.
Whilst it may be sound family planning advice to keep eggs, or indeed sperm, frozen to plan against future unforeseen events, those choosing to do so in the UK should be aware that it is not as simple as “putting them away now and not having to worry about them again”.
The question of who, in law, is or are the parent(s) of the child born is, as a moment's reflection will make obvious, a question of the most fundamental gravity and importance.
Our leading experts in fertility & surrogacy law help you to get it right, from the beginning. We have over 15 years of legal experience, ensuring clients have smooth journeys to parenthood and frequently guide clients through the most complex domestic and international surrogacy and fertility issues.
We understand that dealing with your family affairs requires more than just sound advice and technical excellence. We invest the time to get to know our clients’ circumstances, needs and preferences to deliver commercially informed and practical results for you.