Surrogacy: Who is the Mother?

Understanding Motherhood in Surrogacy

Surrogacy is an assisted reproduction method that allows many people to achieve their dream of becoming parents. However, one of the most frequently debated questions is: Who is truly the mother?

From a legal and social perspective, the answer varies depending on the country and its legal framework. In the United Kingdom, surrogacy is legal but strictly regulated, ensuring the rights of both the surrogate and the intended parents. Gestlife, a leading surrogacy agency, provides guidance and support to families throughout the process to ensure a safe and legally compliant journey.

Differences Between Biological Mother, Surrogate Mother, and Legal Mother

To better understand the concept of motherhood in surrogacy, it is important to distinguish between different terms:

• Biological Mother: The woman who provides the egg. If the intended mother’s egg is used, she is also the biological mother of the child.
• Surrogate Mother: The woman who carries and gives birth to the child but has no genetic link to the baby in gestational surrogacy.

Legal Mother: The person recognised as the child’s mother on the birth certificate. In the UK, the surrogate is initially considered the legal mother, but legal parenthood must be transferred to the intended mother through a parental order.

Legal Framework in the United Kingdom

In the UK, surrogacy is permitted under the Surrogacy Arrangements Act 1985, but it must be altruistic, meaning that commercial surrogacy is illegal. The surrogate is considered the legal mother at birth, and the intended parents must apply for a parental order to gain legal parental rights.

Given these legal complexities, Gestlife offers expert assistance in navigating the surrogacy process, ensuring compliance with UK laws while providing intended parents with the best possible experience.

Conclusion

Motherhood in surrogacy is a nuanced concept that depends on legal and cultural contexts. In the UK, while surrogacy is legal, intended parents must follow a legal process to establish their parental rights. Gestlife offers comprehensive support to guide families through this journey safely and efficiently.