What is Surrogacy?
Surrogacy is a method of assisted reproduction where a woman, known as the surrogate mother, agrees to carry and give birth to a child for another individual or couple, often referred to as the intended parents. This arrangement can arise for several reasons, such as infertility, medical conditions that prevent pregnancy, or same-sex couples seeking to start a family. The surrogate may be compensated for her services, or the arrangement may be altruistic, with no financial gain for the surrogate.
The Basics of Surrogacy
Surrogacy generally involves several stages:
Agreement: The intended parents and the surrogate engage in discussions to rate feelings, expectations, and legal considerations.
Medical Procedures: This may involve in vitro fertilization (IVF), where an embryo is created using the intended parents’ or donors’ sperm and eggs. The embryo is then transferred into the surrogate’s uterus.
Pregnancy and Birth: The surrogate carries the pregnancy to term and delivers the baby.
Legal Process: Following the birth, the intended parents typically seek legal recognition as the child’s parents, often through a parental order.
Types of Surrogacy
There are primarily two types of surrogacy: traditional surrogacy and gestational surrogacy. Each type has distinct processes, implications, and legal considerations.
- Traditional Surrogacy
In traditional surrogacy, the surrogate is artificially inseminated with the sperm of the intended father or a sperm donor. This means that the surrogate is the biological mother of the child, creating a more complex emotional and legal situation regarding custody and parentage after the birth.
Pros:
Usually less expensive than gestational surrogacy.
May be quicker and simpler in certain cases.
Cons:
Complications can arise regarding parental rights since the surrogate is the biological mother.
Legal battles may occur without clear guidelines regarding parental rights.
- Gestational Surrogacy
Gestational surrogacy is the more common form of surrogacy. In this type, the surrogate carries a baby created through IVF, where the embryo is made using the intended parents’ or donors’ eggs and sperm. As a result, the surrogate has no genetic connection to the child.
Pros:
Intended parents are often the biological parents, making legal recognition simpler.
The surrogate’s parental rights are less complex since she has no genetic tie to the child.
Cons:
Typically more expensive due to IVF procedures and other medical-related costs.
More complex medical procedures are involved.
Current U.K. law in Relation to Surrogacy
Surrogacy laws in the United Kingdom are governed by the Human Fertilisation and Embryology Act 2008. Here are some key aspects that outline how surrogacy operates legally within the UK:
Legal Status of Surrogacy
Commercial vs. Altruistic Surrogacy: In the UK, commercial surrogacy is illegal; surrogates can only be reimbursed for their expenses and not paid a fee for their services. Altruistic surrogacy is the only legally accepted form.
Parental Orders: The intended parents must apply for a parental order after the child is born to be legally recognized as the child’s parents. This must happen within six months of the birth. A parental order transfers legal parenthood from the surrogate to the intended parents.
Eligibility: To apply for a parental order, either intended parent must be genetically related to the child, or they can be part of a couple (civil partnership or marriage).
Surrogacy Agreements: While a surrogacy agreement can set out the expectations and intentions of both parties, it is not legally enforceable in the UK. The law treats surrogates as the legal mothers at the time of birth.
International Surrogacy: If intended parents choose to engage in surrogacy abroad, they must navigate the UK laws that may not cover international agreements, which can lead to complex legal situations regarding parental rights upon return.
Surrogacy in Colombia
Colombia has also been a destination for international surrogacy arrangements, with a growing market for intended parents seeking surrogacy options.
Overview of Surrogacy in Colombia
Legal Framework: Colombia allows altruistic surrogacy, and although commercial surrogacy is less clearly defined, most arrangements typically require legal consultation to ensure validity.
Process: Intended parents must undergo medical, psychological, and legal consultations. Surrogate agreements are recommended to outline all terms, responsibilities, and expectations.
Accessibility and Costs: The cost of surrogacy in Colombia is typically less than in the U.S. and may attract many international couples or individuals seeking surrogates.
Birth Registration: Parents often receive legal recognition through a birth certificate under Colombian law. However, returning to their home country, such as the U.K., may require further legal processes.
Surrogacy in the Republic of Georgia
The Republic of Georgia has become an increasingly popular destination for surrogacy due to its more straightforward legal landscape surrounding the practice.
Overview of Surrogacy in Georgia
Legal Framework: Surrogacy is legal in Georgia, and both altruistic and commercial surrogacy arrangements are allowed. Legal contracts are recognized, providing a clear framework for intended parents and surrogates.
Process: The surrogacy process generally runs smoothly, from selecting a surrogate mother to undergoing IVF to the birth. Surrogates are compensated under contract, allowing clarity.
Accessibility and Costs: Surrogacy in Georgia is often more accessible in terms of cost compared to Western countries, making it an appealing option for many.
Parental Rights: The intended parents are recognized as the lawful parents upon the birth of the child. The process for obtaining citizenship and returning to the U.K. is generally more straightforward than in other jurisdictions.
Returning to the U.K. with a Baby from Surrogacy
Returning to the U.K. with a child born through surrogacy can present unique challenges. The process is influenced by both the laws of the country where the surrogacy took place and UK law.
Key Considerations:
Parental Orders: In the U.K., intended parents must apply for a parental order within six months of the child’s birth to secure legal recognition as the parents. It is generally more challenging or impossible if the child is outside the U.K. without the legal agreements in place.
Citizenship and Registration: Children born abroad may require registration with the British authorities, and parents should ensure they have all necessary documentation to apply for British citizenship after the birth.
Legal Guidance: Before returning to the U.K., parents are advised to seek legal advice to understand the requirements they must meet to ensure the child’s smooth transition to the U.K.
What are Parental Orders?
Parental orders are a crucial legal process in the U.K. for intended parents in surrogacy arrangements. They legally transfer parental responsibility from the surrogate to the intended parents.
Essential Features of Parental Orders:
Eligibility: Either intended parent must be the biological parent of the child. Same-sex couples or partners in civil unions both can apply.
Application Window: Parents must apply for a parental order within six months of the child’s birth to maintain rights and ensure legal status.
Conditions: The court typically ensures that the surrogacy was altruistic, that the child is living with the intended parents, and that the arrangement is in the child’s best interests.
Legal Process: The application process typically requires legal documentation, including the surrogacy agreement, hospital records, and proof of residence.
Final Judgement: Once granted, the parental order establishes the intended parents as the legal parents, changing the child’s birth certificate and securing their nationality.
The International Fertility Company is not a surrogacy agency but works in partnership with agencies offering surrogacy programmes in Mexico, Colombia and Georgia. If you would like more information about the surrogacy programmes in these countries, contact [email protected]
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