Select Page

Surrogacy in England and Wales: a Family Law Expert’s Guide

Last updated Nov 17 2023 | Family Law

by Theresa Wright

by Theresa Wright

Solicitor

In this article

Why do people choose surrogacy as their fertility option?

There are a few reasons why people choose surrogacy over other fertility options, such as IVF or adoption. Some of these reasons could include:

  • People facing fertility issues.
  • A single parent who wants to have children.
  • Women who want to have a child using their egg but don’t want the inconvenience of a pregnancy, for example due to their career.
  • Women who can use their egg to conceive but can’t carry a child due to other health reasons.
  • People in a same-sex couple.
  • Intended parents who want to avoid passing down a genetic defect or health condition.
  • Single individuals who want a genetically related child but can’t carry the baby.
  • If the birth mother can’t carry a pregnancy due to certain medications.
  • Women who have frozen their eggs but can no longer carry a pregnancy e.g. if they’ve had a hysterectomy.
  • People who have past traumas during pregnancy/labour but want to have more genetically related children.

Everyone’s surrogacy journey is unique to them and it’s important to be sensitive regardless of their reasoning.

Does surrogacy always require a fertility clinic?

England and Wales recognise two different types of surrogacy arrangement.

Host/Gestational surrogacy – When the surrogate’s egg isn’t used. For example, the intended parents use their egg or a donor’s egg. In these cases, a fertility clinic will need to assist.

Straight/Traditional surrogacy – When the surrogate uses their own egg, meaning that a fertility clinic isn’t necessarily involved.

The biggest considerations when thinking about using a fertility clinic are:

  • Their requirements for people choosing surrogacy.
  • The screening requirements that they have for donor sperm, if needed.
  • The contracts they may use and how they could affect your rights (as both the surrogate and the intended parents).
  • The cost.

Generally, using a fertility clinic can provide both parties with more protection and more rights. This is important to keep in mind when deciding on the best path for you.

Looking to book a consultation?

Other related articles.

Be the first to hear the latest from us.

All our latest updates direct from us, written by us. No spam, no passing your details on, just pure, unadulterated news.

And if you’ve heard enough from us, you can unsubscribe at any time.

Like it, share it.

If you found the contents of this blog useful, please feel free to share it on social media. Sharing our article helps others in need find the same information.

Be the first to hear the latest from us.

All our latest updates direct from us, written by us. No spam, no passing your details on, just pure, unadulterated news.

And if you’ve heard enough from us, you can unsubscribe at any time.

Like it, share it.

If you found the contents of this blog useful, please feel free to share it on social media. Sharing our article helps others in need find the same information.