Where do you start to embark on a surrogacy journey? What are the very first steps that you should take? How do you find a surrogate? These are all questions that we can help you with today. Starting to put in place surrogacy plans can be somewhat daunting. It's often an emotional and difficult time.
Our Directors Charlene and Stephen Ash have grown their family through Surrogacy and their son was born last year with the help of a surrogate, who is very special to them. They continue to have a good relationship with their surrogate and they keep in touch with regular visits. They wanted to write this article to help others with any fertility issues.
First, It's wise to speak with your GP about your options. For a women, they may have had multiple baby losses or miscarriages, numerous IVF attempts and the GP can advise on the best course of action and whether this can be provided through the NHS. The GP can advise on whether there is a medical need for surrogacy.
A medical need for surrogacy is required due to Surrogacy Law. This can be a medical condition that makes is dangerous or impossible for someone to get pregnant or give birth. This can also include fertility issues such as recurrent pregnancy loss, IVF implantation failures, womb issues, failed IVF cycles. Surrogacy is also an option for same sex male couples.
Secondly, find a reputable fertility clinic in your area. Most clinics will hold open days or provide information sessions online. We found our clinic in South Wales through an open day. It was so informative and as a bonus, there were introductory offers on certain medical tests. We didn't know where to start with IVF and whether we could use our own eggs and sperm for our baby. What tests did we need? The clinic were helpful and guided us through the process. An AMH test (Anti Mullerian hormone) or AFC (Antral Follicle Count) was required to test the quality and quantity of any ovarian reserve for a woman. An ultrasound scan can check any issues with the womb and surrounding area. Men can provide a sample to test semen quality. These tests were crucial to explain the options available to us.
We were fortunate in that we could look to create embryos using our gametes. This can be done through IVF and egg retrieval. Other options are to use donor eggs and sperm and the clinic can advise on these options further.
The next step is to find a suitable Surrogacy Organisation to support you in your surrogacy plans. Different organisations offer a range of services and at different cost options. The principal organisations in the UK are:
Surrogacy UK www.surrogacyuk.org,
Brilliant Beginnings, www.brilliantbeginnings.co.uk and
My Surrogacy Journey www.mysurrogacyjourney.com
The Intended Parents or the surrogates can join organisations and the intended parents can also join with your surrogate as a team. These groups can offer a safe supportive environment and a lot of information to guide you through the process.
There are a few legal steps that you will need to take to protect you and your family before you proceed with fertility treatment with your surrogate:
1. Surrogacy Wills
We recommend that all parties for surrogacy make a Will. It is the surrogate and her husband that will be the legal parents of any child born through surrogacy from birth not the intended parents. The intended parents must later apply for a Parental Order through the family courts to ask the Court to transfer the legal parental responsibility to them.
It is vital therefore for us to address the inheritance rights of the child born through surrogacy and to ensure that they inherit from the intended parents and not the surrogate and their family.
All parties should make a Will for the full level of inheritance protection. the intended parents, their spouse or partner, and the surrogate and her spouse or partner.
Charlene Ash has been qualified as a Wills Lawyer for 20 years and can offer expert advice to protect you. Please contact us so that we can help to answer any questions that you may have and put your mind at ease.
2. Independent Surrogacy Advice
Fertility clinics will often require all parties looking to proceed with surrogacy to first have independent legal advice. The intended parent or parents will need to seek advice and the surrogate and partner will also need advice. This is usually required before you proceed with any fertility treatment. We can help you with this requirement at a competitive cost.
Implications Counselling Sessions
These will be required by a suitably qualified counsellor with the fertility clinic. Three sessions will be needed, one with the intended parents, another with the surrogate and partner separately, and a third joint session with all parties together. The HFEA require clinics to offer a qualified counsellor with knowledge of surrogacy.
Please contact us for valuable information on Surrogacy. We can answer any questions that you may have. We totally understand all the emotions involved in surrogacy and we have our own personal experience which can help you.
Contact us on enquiries@calonlaw.com or ring us for a free call on 02921 406152.
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