Surrogacy, as a pathway to parenthood, has grown into popularity across almost every part of the globe. As couples and individuals navigate the complex web of regulations and practices around surrogacy, it's crucial to recognize the bare differences that exist from one country to the next. Among these nations, the United Kingdom (UK) stands out with its unique approach to surrogacy, setting it apart from many other countries.
That said, we will look into the various reasons that makes surrogacy in UK way different than other parts of the globe in the following parts of this blog.
Legality and Framework:
Surrogacy is legal as per the surrogacy laws in UK, but it's wrapped in a web of strict regulations. That said, commercial surrogacy, where surrogates receive payment beyond reasonable expenses, is illegal in the country. Besides, this is in contrast to countries like the US, where certain states allow and regulate commercial surrogacy, permitting surrogates to be compensated.
Altruistic surrogacy, on the other hand, where the surrogate mother is only reimbursed for her reasonable expenses, is permitted in the UK. Still, there are instances where a surrogate has bene paid as a part of the surrogacy cost in UK and there were no violations found as per the law.
Parental Orders
The UK's approach to parental rights in surrogacy is particularly unique. At birth, the surrogate (and her spouse or partner, if she has one) is legally recognized as the child's parent(s). Moreover, the intended parents must then apply for a 'parental order' to transfer legal parenthood to them. Besides, this can only be done between six weeks and six months after the child's birth.
Moreover, this stands in contrast to countries like Canada or certain US states, where intended parents can be recognized as the legal parents before the child's birth.
Advertising and Mediation
As per surrogacy laws in UK, it is illegal to advertise for a surrogate or to advertise oneself as a potential surrogate. Moreover, this ban also extends to professionals from surrogacy agency in UK who cannot profit from matching surrogates with intended parents.
This is very different from countries like the US, where agencies play a pivotal role in the surrogacy process, helping match surrogates with intended parents and navigating the complexities of the process for a fee.
That said, there are certain non-profit organizations that do act as a surrogacy clinic in UK with no monetary benefit involved. This is where the intended parents need to do the required research.
International Surrogacy and the UK
While international surrogacy isn't illegal for UK citizens, it is complicated. That said, British parents must ensure they can secure the child's citizenship and right to enter the UK post-birth, which often requires a parental order. Also, many countries popular for surrogacy, like Ukraine or Georgia, operate under commercial surrogacy models, which further complicates matters for UK intended parents.
So, we can say that international surrogacy somewhere comes as a much easier option for most of the surrogacy seeking individuals in UK.
Cultural and Societal perspective
British society, while progressive in many respects, has shown divided opinions on surrogacy. That said, the complex legal stance, coupled with ethical debates, has led to a more cautious and reserved approach compared to countries like Israel, where surrogacy is more widely accepted and integrated into societal norms.
Given this divided opinion, there are numerous ethical and legal complexities involved in a standard surrogacy program. Moreover, the same complexities go even further in case someone wants to pursue gay surrogacy or surrogacy for single parents in the country.
Medical and Psychological Screening
Though not a legal requirement, most UK-based surrogacy organizations recommend thorough medical and psychological screening for surrogates. Also, this stands in contrast to countries like India (before it banned international surrogacy), where the focus was often more on the surrogate's physical health than psychological well-being.
At the same time, the surrogacy contracts are not legally enforceable in the country. So, regardless sof whether you have followed every aspect of the surrogacy laws in UK, the surrogate can deny the custody of the child. This is where you have to hire a legal professional for the entire task.
Support and Post-Birth Considerations
The UK, through various charitable organisations, offers significant support for all parties involved in surrogacy. Moreover, from counselling services to legal advice, the emphasis is on ensuring everyone's well-being throughout and after the surrogacy journey. Besides, in many countries, such post-birth support is sparse or non-existent.
Cost Implications
Given the non-commercial nature of surrogacy in the UK and the lack of agency involvement, surrogacy might often be less expensive than in countries like the US. However, intended parents in the UK might face indirect surrogacy cost in UK, such as legal fees for parental orders or potential international surrogacy expenses.
Final words
In conclusion, we can say that surrogacy in the UK, shaped by its unique cultural, legal, and historical landscape, stands distinct in a global context. That said, while the emphasis on altruism and the protection of all parties involved is commendable, the UK model also presents challenges, particularly in clarity of parental rights and the complexities of international surrogacy. Hence, as surrogacy continues to evolve as a global phenomenon, it's crucial for intended parents to understand these notions, ensuring their journey to parenthood is both joyous and legally sound.