Thinking about becoming a surrogate? Here’s what you should consider

Here’s what every prospective surrogate should think about before deciding to become a surrogate. 

Legal protection

It is advised that you seek specialist legal advice in contemplation of agreeing to be a surrogate. Surrogacy agreements are not legally binding in the UK, and a surrogate retains legal parentage until a Parental Order is granted, with the process for obtaining a Parental Order normally taking between six and 12 months. 

You should make or update your will in contemplation of your surrogacy journey, so as to ensure that should anything happen to you after the birth but before the Parental Order has been made your assets are left to the beneficiaries of your choice.  More often than not this will be your own children, as opposed to the child born to you following a surrogacy arrangement.  When making or updating your will, we would advise that you seek specialist advice as there are often other important matters and issues to consider. 

Finances

It is important that prior to agreeing to act as a surrogate you consider any financial implications which may flow from the pregnancy and giving birth.   In the UK only altruistic surrogacy is permitted.  This means that no money other than “reasonable expenses” can be paid to a surrogate, unless authorised by a court. You will need to carefully consider what amounts to “reasonable expenses. See Surrogacy — permitted payments and reasonable expenses | Weightmans.

That being said, as a surrogate you will be entitled to the same maternity leave and pay as if you were having your own child.

Legal considerations

Although altruistic surrogacy is legal in the UK, as highlighted above surrogacy arrangements/agreements are not enforceable in law. This means that there is a risk that the intended parent(s) could change their mind about assuming responsibility for the child and becoming the legal parent(s) at any stage of the process up until the final order is made. It is therefore important to take time to get to know the intended parent(s) and discuss in detail all eventualities, before agreeing to commit to a surrogacy arrangement.

It is also important to appreciate that a criminal offence will be committed if:

• a third party helps to negotiate or facilitate a surrogacy agreement for payment;
• a surrogate advertises her services; or
• Intended parents advertise that that they are looking for a surrogate.

Health

If a surrogate opts to join a surrogacy organisation then it is likely she will be required to undergo medical checks as well as checks with the DBS (Disclosure and Barring Service).

Whilst many surrogates experience healthy pregnancies it is important to bear in mind the various health risks which the process may involve from fertility treatments, pregnancy and birth.

In addition, as with any pregnancy, surrogacy involves significant physical, hormonal and physiological changes, both during and after pregnancy. Think about your support system and the impact your surrogacy journey will have on those around you such as your partner/spouse and any children.

Time commitment

It can be a time-consuming commitment to be a surrogate, often extending beyond the pregnancy itself. It is a commitment that can typically span 12 to 24 months, depending on the circumstances. You will attend many medical appointments and will need to modify the schedules in both your personal and professional life. 

Relationship with the intended parents

Think about your comfort level. This will likely depend on who you are surrogate for: family, friends or strangers. Some people have close relationships whilst other prefer to impose more professional boundaries. Some surrogates maintain lifelong relationships, yet others prefer closure. It is always a good idea to be open and clear about your expectations at the outset of a surrogacy arrangement.

Surrogacy is complex and demands careful consideration because of many of the factors set out above. For those considering becoming a surrogate in the UK, you are advised from the outset to seek advice, and understand the full scope of your responsibility, and the expectations that will be upon you when embarking on the journey.