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Surrogacy Facts and Myths


Surrogacy is a complicated area of law with many legal technicalities and is often misunderstood by others and even by professionals. Surrogacy is legal in the UK. Our process is frequently thought to be the same as that in America but there are separate laws and rules in the UK to protect intended parents and surrogates. The cost of surrogacy in the UK is also different.


What can I pay a surrogate?


Intended parents can only issue a payment to a surrogate for "reasonable expenses" that they have incurred through the pregnancy. This will usually cover the cost of any fertility treatment, legal costs, loss of earnings, and maternity costs. Commercial Surrogacy is illegal in the UK so any payment other than expenses cannot be made. Surrogacy Costs are usually between £10,000 to £30,000.


Will the surrogate keep the baby?


The majority of surrogates in the UK want to help for altruistic reasons. They have already developed their own family and do not want to keep the baby. Their moment of joy is to hand the baby over to its intended parents upon delivery. Their purpose is to help the intended parents achieve their dream of having a baby. It is beneficial to have in place a surrogacy agreement between the parties which will record their wishes about certain key topics to avoid any disagreements. It is wise to have an open and honest discussion at an early stage between all parties. A surrogate will sign the consent form following the birth for the intended parents.


Will the intended parents leave the baby?


Most intended parents dream of the day that they will have a child or another child to develop their family. They are excited to achieve that dream and will help and support the surrogate in the pregnancy. They will accompany them to medical appointments, attend scans and be present for the birth. They have no wish to leave the baby.


Who will be named as the parents of any child born through surrogacy?


The surrogate will be named as the mother of the child on the birth certificate, and if she is married or in a civil partnership, her spouse or civil partner will be named as the other parent. The intended parents will apply to the Family Court following the birth for the parental responsibility to be transferred to them. A new birth certificate will then be issued. This is a proud moment when the Parental Order is made. There are few disagreements and the surrogate is often present with the intended parents and the baby for the hearing.


How does surrogacy work?


Please get in touch with our expert surrogacy solicitor Charlene Ash who will guide you through the surrogacy process. Charlene and Stephen have personal experience of surrogacy as intended parents and can use their experience to help and support you. You can contact us through the link on our website, on enquiries@calonlaw.com or on 02921 406152. Charlene has nearly 20 years of experience as a lawyer in South Wales and is very friendly and approachable.



Picture of Charlene Ash nomination for Surrogacy Professional of the Year

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