Surrogacy refers to the process, in which an embryo formed from the egg and sperm of the intended parents (or by using a donor egg and sperm) is put inside the uterus of another woman known as the surrogate.
A legal agreement is made between the intended parents, the surrogate mother, and the clinic. The surrogate mother agrees to carry the baby for 9 months and then hand it over to the intended parents.
International Surrogacy is becoming common for couples in the UK these days
But what is the legal course of action they would have to follow?
Let’s find out
UK citizens opt for International Surrogacy if they are unable to find a surrogate mother in this country. However, the intended parents need to be certain about a couple of things before starting their surrogacy journey. In the case of International Surrogacy, intended parents have to fully understand the Surrogacy laws of both countries and the legal procedure to bring their child back to the UK.
Surrogacy Agreement is an agreement between all the respective parties involved in the Surrogacy process i.e. the intended parents, the surrogate, and the doctor. This document states the rights and obligations the parties have towards each other. It basically states that after the birth of the child, the surrogate mother will have no legal custody of the child and will hand it over to its intended parents. The document also includes the terms of the entire surrogacy process and costs. The Surrogacy Agreement should be drafted with utmost sincerity as it reduces the chances of disagreement in the future.
If you want to opt for surrogacy in the UK, this surrogacy agreement is not legally binding upon any of the parties. However, if a dispute arises, this agreement can be used to show the initial intention and understanding between all the parties.
In some countries, the surrogate mother’s name might not appear on the birth certificate but that’s not the case under UK law. According to which, the surrogate mother will be the legal parent of the child until a Parental Order has been finalized.
To become the legal parents of the baby, the intended parents need to file a Parental Order application to the court. This Parental Order will extinguish the surrogate mother’s rights over the child and transfer them to you, thus making you the legal parents. However, this application cannot be filed before the child is born.
There are some conditions, which need to be fulfilled before filing for a Parental Order. They are-
If neither of the parents is biologically related to the child then adoption is their only option. In adoption, the rights of the non-biological parents to the child are permanently established. It is advised to get a second-parent adoption. Because Parental Orders are not recognized everywhere, whereas adoption is accepted worldwide.
To ensure that the child gets British Nationality, the surrogate mother should be unmarried and one of the intended parents must be a permanent resident of the UK and must be biologically related to the child so that they can pass on their British Nationality to the child. In such cases, the intended parents only have to apply for a passport.
If the surrogate is married, the child will not be automatically British. In such a case, the intended parents need to put up an application at the discretion of the Home Secretary, to register the child as a British citizen, this can be a lengthy process and lead to further delay in taking the child back to the UK.
If the parents are living in the UK but are not British, or neither of them is biologically related to the child, they can apply for a non-British passport for the child, then apply for a visa for it to come to the UK, and apply for a Parental Order there. It is very important to keep in mind that if the child is not granted a passport from its birth country, then the application for a visa to travel back to the UK is not possible.
A surrogacy lawyer is one who will guide you throughout the surrogacy process. Their duty is to safeguard the parental rights of the intended parents when they choose Surrogacy as the Assisted Reproductive Technology to welcome a child into their family. The Lawyer ensures that the Surrogacy process is carried out smoothly without any legal troubles. Having a Surrogacy Lawyer gives a sense of security and peace of mind, as they are well informed in all the laws in regards to ART- Surrogacy. They predict unforeseen risks and liabilities and also hold the parties accountable to legal standards.
UK law supports LGBT parents having a baby through surrogacy just like it does for different-sex couples. Out of all the countries where surrogacy is allowed, the most preferred is USA and Canada, as here in the case of Gay or Lesbian couples, both the partners can be named on the birth certificate of the child. But even after this, UK law does not recognize you as the parents, to correct this, you need to follow a legal procedure and get the Parental Order. To make the process possible, the child must be biologically related to at least one of the parents.
Vinsfertility has been helping gay and trans individuals, and couples in becoming parents for the past decade. Our strategic programs and partnerships have helped in making gay surrogacy possible. We have a special team of lawyers who handle legal procedures for LGBT couples or single parents. It is our duty to ensure that you face no problem in obtaining the Parental Order and taking the baby back home.
Lawyers at Vinsfertility are pioneers in the legal field relating to Surrogacy. We have represented and assisted many citizens who are living in the UK and want to get Surrogacy done in other countries. We make sure that British couples are granted permission for surrogacy without any hassle. Our lawyers make legal documents in accordance with the guidelines stated under the country’s law and also see to it that these legal documents are made with the consent of all the parties involved.
For a very long time, International Surrogacy has been the choice for couples living in the UK. Apart from providing surrogacy and other fertility services, Vinsfertility also provides Surrogacy Lawyers for UK citizens in various countries.
If you plan for International Surrogacy in any country where surrogacy is legal then taking your child back home is the biggest and most worrisome task. Vinsfertility handles the entire legal procedure for you- from beginning to end, including all the notary processes involved. It is our duty to ensure that your child will go back to the UK along with you.
Common questions about surrogacy in the UK.
If you are considering opting for surrogacy, trying to understand surrogacy, or are on a journey to parenthood via surrogacy, it is obvious to have some questions. Vinsfertility has vast experience in helping thousands of intended parents complete their journey to parenthood. We have managed many surrogates and intended parents and are here to answer all your questions.
What is the difference between traditional surrogacy and gestational surrogacy?
In gestational surrogacy, the surrogate who carries the baby for intended parents does not share any DNA with the child, i.e. are eggs are not used to make the embryo, transferred to her uterus. Hence, gestational surrogacy is the one most practiced today. Opposite to it, in traditional surrogacy, the surrogate’s own egg is used for making the embryo, thus connecting her genetically with the baby she is caring for the intended parents. Vinsfertility does not arrange traditional surrogacy.
It is not necessary for intended parents and surrogates to work with an agency to complete their surrogacy, doing it on their own is known as an independent agency. We understand that surrogacy can be a bit complex, hence we recommend both the parties i.e. intended parents and the surrogate to work with an agency. It ensures that both parties will receive the support and care they need while they are on this journey. The agency will manage the details so that the intended parents can focus on other details, like welcoming their baby.
They are a plethora of reasons, why intended parents should choose Vinsfertility! With the experience of nearly a decade, we have helped in bringing thousands of babies into this world. Given below are the top reasons why you should choose Vinsfertility:
A surrogate or gestational carrier gets pregnant when an embryo is transferred inside her uterus by an IVF doctor. To make this possible, she is given medication prior to prepare her body for pregnancy.
Yes! It will be our delight to connect you with surrogates and intended parents.
Surrogacy is a type of Assisted Reproductive Technique, in which intended parents work with a gestational carrier/ surrogate, who agrees to carry their baby till birth. Surrogacy is used by intended parents when they are unable to have a child on their own.
Basically, surrogacy is an arrangement, in which someone gives birth to a baby for someone else. Gestational Surrogacy is helpful for those who cannot have children themselves. Hence, this process has strong expertise both medically as well as legally, and continuous support throughout the surrogacy journey. People who opt for surrogacy are called Intended Parents (IPs).
A technique called IVF is used to create embryos inside a lab at a fertility clinic. To make these embryos, sometimes the intended parents use their own eggs and sperm, and sometimes, donor eggs or donor sperm may be required. The surrogate mother is then called to the fertility clinic, where 1-2 embryos are implanted inside her uterus.
Does the surrogate mother use her own eggs for surrogacy? No! Gestational carriers don’t use their own eggs, this is to make sure that she has no genetic link with the child she has to carry.
Surrogacy has been used as a means for family-building for quite some time, however, it has evolved throughout the years.
Surrogacy is a program, which allows couples as well as individuals from various backgrounds, ages, and sexual orientations to welcome a baby into their families.
Intended parents who opt for surrogacy are:
All surrogacy journeys are different from each other, and Vinsfertility feels pride that we have helped so many people in fulfilling their dream of parenthood in the United States and all over the world.
The cost of a surrogate mother is the most significant cost in the total surrogacy costs. For someone living in the U.S., the surrogacy costs range around $120K-$180K for a journey. The real journey cost is dependent on the requirements of the intended parents (need of donor along with surrogate or not), their insurance, and also the specific details of their surrogacy journey. Therefore, there is no “one cost fits all”, as every journey is unique in its own way.
Out of the total cost incurred, approximately 40% will be paid to the surrogate, which includes her base compensation, her legal consultation, social work, screening, additional benefits, and payments.
For intended parents who use a surrogacy agency for their journey, an agency fee will also be included in their surrogacy costs.
Even though the monetary benefits gained from becoming a surrogate mother are noteworthy, they are no match to the indescribable sense of accomplishment and fulfillment surrogates get from helping intended parents welcome a child into this world.
The surrogate mother pay is dependent on some factors like where she lives, her insurance status, and if she is becoming a surrogate for the first time or not. Averagely, surrogate mother receives around $50,000 to $60,000, which includes a base fee between $30k-$40k, additional compensation, and other benefits.
Vinsfertility offers surrogates/ gestational carriers and their families the most comprehensive, beneficial, and protective pay packages.
It is relatively easier to understand what is surrogacy, however, understanding its process is a bit more involved. You might find the surrogacy process to be complex, and if you decide to work with an experienced agency like Vinsfertility helps in navigating the milestones and also provide support throughout the journey.
The surrogacy process involves:
Vinsfertility gives high priority to relationships, hence we encourage both the parties- the surrogate and intended parents to have a strong and healthy relationship.
The decision to become a surrogate is definitely life-changing. Surrogate mothers/gestational carriers are generous and passionate about family and are generous enough to willingly help others. There are many surrogates, who form life-long bonds with their intended parents and continue to be a part of their lives, even after the baby is born.
It is empowering how a woman is unable to give the gift of parenthood to someone. Before applying to become a surrogate mother, these women are 100% dedicated to being emotionally, mentally, and physically ready for the intended parents.
Welcoming a child via surrogacy is a highly rewarding and emotional path towards parenthood. To complete their wish, the intended parents put their faith into not only the surrogate mother but the surrogacy agency as well. This journey may have its ups and downs but the feeling of having your baby into your arms cannot be put into awards.
It is the choice of the intended parents whether they want to go on the surrogacy journey independently or work with an agency like Vinsfertility. Working with a surrogacy agency provides a level of comfort, partnership, and expertise that intended parents cannot have on their own. If they have hired an agency, they will be able to pay more attention to other details like the baby’s arrival.
If you are considering opting for surrogacy, trying to understand surrogacy, or are on a journey to parenthood via surrogacy, it is obvious to have some questions. Vinsfertility has vast experience in helping thousands of intended parents complete their journey to parenthood. We have managed many surrogates and intended parents and are here to answer all your questions.
In gestational surrogacy, the surrogate who carries the baby for intended parents does not share any DNA with the child, i.e. are eggs are not used to make the embryo, transferred to her uterus. Hence, gestational surrogacy is the one most practiced today. Opposite to it, in traditional surrogacy, the surrogate’s own egg is used for making the embryo, thus connecting her genetically with the baby she is caring for the intended parents. Vinsfertility does not arrange traditional surrogacy.
It is not necessary for intended parents and surrogates to work with an agency to complete their surrogacy, doing it on their own is known as an independent agency. We understand that surrogacy can be a bit complex, hence we recommend both the parties i.e. intended parents and the surrogate to work with an agency. It ensures that both the parties will receive the support and care they need while they are on this journey. The agency will manage the details so that the intended parents can focus on other details, like welcoming their baby.
They are a plethora of reasons, why intended parents should choose Vinsfertility! With the experience of nearly a decade, we have helped in bringing thousands of babies into this world. Given below are the top reasons why you should choose Vinsfertility:
A surrogate or gestational carrier gets pregnant when an embryo is transferred inside her uterus by an IVF doctor. To make this possible, she is given medication prior to prepare her body for pregnancy.
Yes! It will be our delight to connect you with surrogates and intended parents.
Vinsfertility has been helping gay and trans individuals, and couples in becoming parents for the past decade. Our strategic programs and partnerships have helped in making gay surrogacy possible.
Introduction to Surrogacy
Surrogacy can be classified into 2 types- traditional surrogacy and gestational surrogacy. Traditional surrogacy is the one in which the surrogate’s own egg is used for making the embryo, thus connecting her genetically with the baby. This surrogacy is usually not practiced by surrogacy agencies.
Another type- Gestational Surrogacy is the more common type of surrogacy and is the only option for LGBTQ+ individuals and couples to have biological children. Along with medical and legal expertise, the surrogacy process also needs strong emotional support. A technique called IVF is used to create embryos in a fertility clinic, wherein the biology of gay intended parents (one or both) and donor eggs are used. The surrogate is called to the fertility clinic, where 1-2 embryos are implanted inside her uterus.
Gestational surrogacy makes sure, that the gestational carrier has no genetic link to the child she carries in her womb.
Vinsfertility has been helping gay and trans individuals, and couples in becoming parents for the past decade. We have extensive experience in surrogacy, which is a very complicated process by nature.
The surrogacy journey needs a tremendous amount of planning, coordination, and legal help. Since surrogacy agencies work with intended parents on daily basis, they are experts in surrogacy.
Vinsfertility has a team of highly accomplished lawyers, who make sure that your parental rights are protected and affirmed. We are always here to help you become a parent in the safest way possible, whether it is by obtaining a second-parent adoption, judgment of paternity/maternity, or custody orders.
The legal team at Vinsfertility has knowledge and experience in the legal rights of the LGBT community and keep themselves updated in case the laws changes. Each state and country has its own set of laws and regulations for LGBTQ intended parents. If you want to have a positive and successful surrogacy journey, then work with an agency, which has a high level of expertise in social work and law.
Large surrogacy agencies like Vinsfertility are a one-stop agency, i.e., we are able to provide intended parents with all the services throughout their entire journey. We have program managers, coordinators, social workers, and lawyers all under one roof, thus eliminating the need for intended parents to go to any third party.
Welcoming a child into your family via surrogacy is one of the biggest joys one can experience in their life. You will finally be able to hold the baby you have always dreamed of having but also develop a bond with your gestational carrier. To have a family that you desire, surrogacy is a safe way.
For the last decade, Vinsfertility has been working hard to develop a process, which practically guarantees a baby to those who are yearning for a family. Vinsfertility has a success rate of 99.9% in surrogacy. This is the highest success rate in the entire industry.
Surrogacy laws are complex and vary by state. However, don’t let that stop them from you becoming a parent. It is important for you to consult a lawyer who is specialized in surrogacy for LGBTQIA couples and singles.
Even though surrogacy is mostly similar for heterosexual intended parents and same-sex intended, there are a couple of factors that make it different.
It is vital to have an understanding of your rights as a parent, the surrogacy laws in your state or country, and the place where your surrogate lives.
Pre-Birth Order (PBO)- PBO is a court proceeding, in which parental rights are established before the birth of the child. However, not all states have this. There, it may be possible to get a post-birth order.
Voluntary Acknowledgement of Paternity- This allows the birth mother to designate the birth, sometimes with no need for a court proceeding.
Custody Order- Intended parent(s) are granted custody of the child.
Second-Parent Adoption- Here, the rights of the non-biological parents to the child are permanently established. It is advised to get a second-parent adoption. Because pre-birth orders or post-birth orders are not recognized everywhere, whereas adoption is accepted worldwide.
Wills and Estate Planning- Ensure that if one or both parents die, the child is provided guardianship. It becomes very important to establish these documents if a gay couple is living in a state or country, where same-sex marriage is not legal.
Legally match with a surrogate who is right for you.
Our team works hard to find perfectly matched intended parents and surrogates, on the basis of 3 criteria, in which legal fit is the first. We also make sure that to have a successful surrogacy journey, your surrogate resided in a state, where you will be able to establish your parental rights safely and securely.
The surrogacy process might be complex for intended parents, like- the requirement of an egg donor and a gestational surrogate, the surrogacy laws for the LGBTQIA+ community, selecting a surrogacy agency and a fertility clinic. Working with a surrogacy agency will help you navigate through the milestones present throughout your journey. This will help to focus on the most important thing- preparing for your baby’s arrival.
Beginning your journey toward gay surrogacy is a big step, hence it is imperative to do thorough research on the agencies. Not every surrogacy agency is a good match for you, you need to find an agency, with which you share good chemistry as well as views on surrogacy for gay couples or individuals. This is the key to a successful journey. And, since surrogacy laws vary from state to state, it is important to work with an agency that has a legal team expert in ART and surrogacy.
When you decide to grow your family via surrogacy, two very important people come into your life: surrogate and egg donor. You might have a family member or friend who wants to become your egg donor, if not, you can select an egg donor from an egg donor database.
If you working with a surrogacy agency, your agency will help in finding a surrogate match for you. If you pursue surrogacy independently, you will have to find a gestational carrier on your own. It is advised to gt a surrogacy agency because surrogacy is an intimate experience and Vinsfertility will encourage to you have a good bond with the woman who will carry your baby.
Yeah! Now your surrogate is pregnant and you will become a dad in some while! Your relationship with the surrogate mother will develop and perhaps you will even visit her for appointments. Your agency will support you throughout the journey, prepare for traveling for the birth and ensure that you have everything needed to safely return back home.
Vinsfertility offers surrogacy programs guaranteed costs with our all-inclusive cost program. The surrogacy programs and pricing are designed in a way that two of the primary needs of intended parents are fulfilled; success and cost security.
Vinsfertility’s Journey Protection Guarantee Program is designed to assist as many intended parents as possible in welcoming a baby into their family, at economic prices.
Surrogacy Procedures | Average Surrogacy Cost in USA |
Surrogate Screening Fees | US$ 700.00 |
Surrogate psych screening | US$ 600.00 |
Surrogate background check | US$ 100.00 |
Legal Fees | US$ 8,500.00 |
Setup fee | US$ 750.00 |
Surrogate insurance review | US$ 300.00 |
Surrogate contract prepration (legal fees) | US$ 2,500.00 |
Surrogate contract review (legal fees) | US$ 1,250.00 |
Surrogate Pre-Birth Order | US$ 3,000.00 |
Pre-birth order filing and court fees | US$ 200.00 |
Surrogate review of Pre-Birth Order | US$ 500.00 |
Surrogate Compensation & Expenses | US$ 60,450.00 |
Surrogate compensation | US$ 54,000.00 |
Health Insurance premimum x 12 | US$ 6,000.00 |
Surrogate life insurance | US$ 450.00 |
Clinical procedures | US$ 21,700.00 |
Donation, ICSI, Fertilization | US$ 15,000.00 |
Monitoring Lab work | US$ 350.00 |
Surrogate medical screening | included |
Egg donor screening | US$ 1,000.00 |
Egg donor meds | US$ 2,000.00 |
Embryo freezing | US$ 600.00 |
Surrogate travel for FET (assume 4 days) | US$ 2,000.00 |
Surrogate meds (pre-FET) | US$ 750.00 |
Surrogate meds (post-FET) | – |
Surrogate meds (first trimester) | – |
Surrogacy, prenatal care and delivery | US$ 5,000.00 |
Health Insurance out of pocket maximum | US$ 5,000.00 |
All exams and prenatal medical care | – |
Delivery | – |
Total Approx fees with A Fresh Egg Donor | US$ 100,000.00- US$ 150,000.00 |
It is our aim to keep the cost of surrogacy programs as low as possible for LGBTQIA+ individuals and couples in the US and beyond.
Finding an egg donor is a big step in your surrogacy journey. This is a stressful process as you have to select a young woman, whose DNA will make up the half biology of your baby. You cannot create an image of what your child will look like. Sometimes, intended parents base the characteristics they want in their egg donor on those of a family member or friend.
Appearance? Education? Ethnicity? Personality? As you begin with your research, keep in mind some thoughts and the requirements you want in your egg donor.
Most important, Nature vs Nurture-not every characteristic or trait is hereditary!
Finding the woman who will become your gestational carrier and carry your baby is one of the most exciting parts of your surrogacy journey to parenthood. Have trust in your surrogacy agency to find the best surrogate match for you.
The surrogates at Vinsfertility are ecstatic at the prospect of helping LGBTQIA+ individuals and couples build families via surrogacy. They understand firsthand the joys of parenthood and want others to experience this joy.
Both intended parents and gestational carriers will fill out a questionnaire asking them about the type of match they need, their expectations from this journey, and the level of communication with which they are comfortable. This information should be filled in honestly so that our Matching Team can find the best match for you.
While working with agencies like Vinsfertility, there are certain criteria, on the basis of which you will be matched with your surrogate. Intended parents matching criteria depends on their preferences on:
If you are planning to pursue an independent surrogacy journey, you can use above guidelines as the basis of selecting a gestational carrier for your surrogacy.
In the US, each state has its own surrogacy laws and regulations. Also, each country we assist has different laws and requirements, when it comes to surrogacy. Hence, our legal team makes sure that the surrogacy laws in the state where the surrogate will deliver the baby complement the laws of the state or country in which the intended parents live. In the US, each state has a legal department, that always approves a match from a legal POV before matching a surrogate’s profile is shown to the intended parents. Vinsfertility will never present a match to you, which is not legally safe.
Once the legal team has thoroughly checked the surrogate profiles, the list presented by them will be reviewed by the matching team to ensure good personality fits since we want both parties to have a comfortable journey. We hold meetings and phone calls with both parties to help determine your personality and expectations as it relates to surrogacy.
To create a match of IPs and surrogates with similar thinking, we ask both of their views on the termination of a pregnancy. This is to make sure that if a situation arises where a reduction or termination is considered, the thoughts of both parties are aligned.
Vinsfertility believes that to have a smoother and more successful surrogacy journey, it is important for the intended parents and the surrogate to have a strong relationship. Regular communication with their surrogate helps the intended parents to have a bond with her and also feel a part of the pregnancy and process.
To create this bond, we suggest a video call at least once a week between the intended parents and the surrogate.
To cover the costs of surrogacy, most people are in need of planning and organization. Given below are some of the most essential tips, which can help you manage the financial aspect of your surrogacy journey and make it a relatively smooth ride:
There is also a possibility of you finding a gestational surrogate for less money if a family member or friend agrees to be your surrogate. This will lower the agency fee, save time and provide instant relationship and comfort between you and your surrogate. However, to provide any complications, which may arise in the future you should still ask your agency to draw a formal contract and make sure that the surrogate mother is screened properly.
Seeking donor eggs from a family member is yet another option you have. In case the intended parents are a gay couple and one of them has a sister, he can convince her to donate her eggs, which can be fertilized with his partner’s sperm. This will make the child genetically related to both the parents.
The cost of gestational surrogacy is high because the surrogate requires extensive care and attention during pregnancy as well as childbirth. To make this journey to parenthood as easy as possible, Vinsfertility offers you a detailed cost structure, so that in the future, you don’t need to worry about extra costs other than the ones mentioned.