How Does Surrogacy Work If Both Parents Are Infertile?

Surrogacy as a Solution for Infertile Couples

Infertility can be an emotional and challenging journey for many couples. For those who dream of becoming parents but are unable to conceive naturally, surrogacy offers a ray of hope. But how does surrogacy work if both intended parents are infertile, and what options are available for couples in the UK?

In this article, we will explore how surrogacy operates in the UK for infertile couples, covering the legal framework, medical procedures, and important emotional considerations. We'll also provide insights into how UK culture and laws around surrogacy differ from other countries.

Understanding Surrogacy in the UK

In the UK, surrogacy is legal but must adhere to strict regulations. All surrogacy arrangements must be altruistic, meaning that surrogates cannot receive payment beyond reasonable expenses. This contrasts with commercial surrogacy, which is illegal in the UK.

Surrogacy arrangements must comply with UK laws, including the Surrogacy Arrangements Act 1985. Additionally, intended parents must apply for a parental order after the birth to become the child’s legal parents. Couples considering surrogacy must navigate both legal and ethical guidelines to ensure a smooth journey.

The Different Types of Surrogacy Available

1. Traditional Surrogacy: In traditional surrogacy, the surrogate uses her own egg, making her the biological mother of the child. While this form of surrogacy is legal in the UK, it is less common due to emotional complexities and legal considerations regarding parental rights.
2. Gestational Surrogacy: In gestational surrogacy, the surrogate carries an embryo created from the egg and sperm of the intended parents or from donors. The surrogate has no genetic link to the child. This is the most commonly used method in the UK, particularly for couples where both partners are infertile.

Options for Infertile Couples: Egg, Sperm, and Embryo Donation

If both intended parents are infertile, they can still pursue gestational surrogacy by using donor eggs, donor sperm, or even donor embryos. These donations can come from:

• Known Donors: Friends or family members who donate their eggs, sperm, or embryos.
• Anonymous Donors: Eggs or sperm donated through a fertility clinic, ensuring anonymity between the donor and the intended parents.

The Surrogacy Process in United Kingdom

1. Finding a Surrogate: In the UK, intended parents often find a surrogate through personal networks, as commercial surrogacy agencies are not permitted. However, non-profit organisations such as Surrogacy UK and Brilliant Beginnings help match intended parents with altruistic surrogates.
2. Medical and Psychological Assessments: Both the surrogate and intended parents must undergo medical assessments to ensure they are physically capable of participating in the surrogacy process. Psychological evaluations are also essential, as surrogacy can be a complex and emotionally demanding experience.
3. Legal Agreements: While surrogacy agreements are not legally binding in the UK, they help establish expectations for both parties. It is highly recommended that all parties seek legal advice before proceeding.
4. The IVF Process: If both parents are infertile, in vitro fertilisation (IVF) using donor eggs, sperm, or embryos is the primary method used to create the embryo that will be transferred to the surrogate’s uterus.

What Are the Legal Requirements for Surrogacy in United Kingdom?

Surrogacy in the UK is governed by the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008. Key legal requirements include:

• Altruistic Surrogacy Only: Commercial surrogacy is illegal in the UK. Surrogates can only be reimbursed for reasonable expenses.
• Parental Order: After the birth, intended parents must apply for a parental order to be legally recognised as the child’s parents.
• Counselling: Counselling is recommended for both intended parents and surrogates before beginning a surrogacy arrangement to ensure emotional readiness.

Surrogacy for Same-Sex Couples and Single Parents

In the UK, surrogacy is available to same-sex couples and single parents, subject to the same legal and medical regulations. For male same-sex couples, using donor eggs combined with gestational surrogacy is the primary method, while single parents may use either donor sperm or eggs depending on their situation.

Challenges Infertile Couples May Face in Surrogacy

1. Finding a Surrogate: As commercial surrogacy agencies are not permitted, finding a willing surrogate can be one of the biggest challenges for intended parents. The waiting period can be long, as altruistic surrogates are less common.
2. Emotional Complexity: Surrogacy is an emotionally intense journey, especially for couples dealing with infertility. It’s crucial to have emotional support and counselling throughout the process.
3. Financial Considerations: While surrogacy in the UK is altruistic, there are still significant costs involved, such as IVF treatments, legal fees, and expenses for the surrogate.

Conclusion: Surrogacy Brings Hope to Infertile Couples in United Kingdom

Surrogacy offers infertile couples in Australia a path to parenthood, even when traditional conception is not an option. By working within the framework of Australia’s altruistic surrogacy laws, intended parents can experience the joy of having a child while maintaining legal and ethical standards. Though the journey can be challenging, it is one that offers immense emotional and personal rewards.