Frequently Asked Questions
What is genetic or traditional surrogacy?
Surrogacy is the process of a woman carrying a baby for another person. Straight surrogacy (also known as genetic or traditional surrogacy) involves sperm from the intended father and an egg from the surrogate.
What is host surrogacy?
Host surrogacy (also known as partial or gestational surrogacy) involves the implantation using the gametes (reproductive cells) of at least one of the intended parents plus the gametes of the other intended parent or a donor, if required, such as an embryo created using either the eggs and sperm of the intended parents or a donated egg fertilised with sperm from the intended father.
What is a Parental Order?
Intended parents must obtain a parental order to acquire legal status to be recognised as the legal parents for their child. This is the bespoke order that must be sought for children born through surrogacy to give parental rights to the intended parents and end the surrogate’s (and her spouse if married) parental rights and responsibilities.
There are a number of requirements for a parental order as follows:-
- The application must be made within six months of the child’s birth.
- Both the surrogate and her spouse must consent, with complete understanding of the implications, to the making of an order.
- The gametes of at least one of the applicants must have been used to create the embryo.
- The intended parents must be over 18.
- The child’s home must be with the applicants.
- One of the applicants must be domiciled in the UK.
- The conception must have taken place artificially rather than through natural intercourse.
The court must also consider the child’s lifelong welfare when making an order.
