Introduction
Surrogacy for UK parents, who have trouble conceiving, is often the last resort.
For some intending parents, using a surrogate mother is their only hope of having a child.
However, for gay couples and single parents who want built a family, surrogacy is one of only two options (the other being adoption). Surrogacy is an extraordinarily life-changing experience but the process is expensive, time consuming, heart-wrenching and may takes several rounds to succeed.
US surrogacy for UK parents
In the United States, which is often characterized as supporting commercial surrogacy, surrogacy agreements are legally recognized, surrogacy (and egg donor) agencies operate for profit and surrogate mothers can be compensated for their help.
Unlike in the UK, intended parents can here engage experts to provide surrogate matching services and ensure that all parties involved are screened, informed and legally advised. Intended parents also have legal certainty given the status of the agreement with their surrogate and know they will be the baby’s legal parents from birth.
It’s understandable why some UK intended parents are drawn to the US route despite surrogacy costs are quite high.
Indeed, for most parents its value is more about a feeling of security than actually being educated about the regulation.
Not only the US
Surrogacy for UK parents includes but is not limited to the UK and the United States only.
There are several other surrogacy options not familiar to intended parents from UK. Countries such as Mexico, Canada, Georgia, Ukraine and Greece today represent an alternative to the United States and UK because of the much more affordable costs of the journeys, as well as legal rights, including health care, recognized for international intended parents.
Although surrogacy is not regulated in the same way outside the UK, these states grants access to surrogacy to citizens from other countries.
Because of differing laws from country to country, it is crucial to conduct extended research, consult with surrogacy specialists, consider legal regulations and law mechanism for transferring parenthood before applying. Of the countries which allow surrogacy, many have also determined marital status and/or genetic link with the baby requirements for the intended parents to be eligible.
Children born outside the UK
When a child is born abroad through surrogacy, intended parents who are UK residents must apply for a Parental Order upon returning home. This legal step is mandatory to transfer parenthood and ensure the child’s full legal recognition under UK law.
Bring your child to the UK after an international journey
If the child is not a UK or EU national, the intended parents will need to obtain the appropriate visa or travel documentation to lawfully bring the baby into the UK. It’s essential to verify the child’s immigration status as early as possible, as delays can occur, particularly when local authorities are unfamiliar with international surrogacy procedures.
In cases where the baby is eligible for British nationality, parents should apply for a UK passport from abroad. However, this process may be delayed while local officials assess the baby’s status and process supporting documentation.
If the child is not eligible for a UK passport, parents must follow the appropriate legal process for entry, which may include obtaining emergency travel documents or a visa based on the rules of the country where the child was born.
The reality
Surrogacy for UK parents makes the dream of parenthood a reality.
It has become common over the past few years for intended parents from the United Kingdom to choose international surrogacy over UK surrogacy options, with the parental orders made by the family court now concerning babies born in a foreign country.
Researchers found that the most commonly cited reasons why intended parents from the UK decide to go overseas for surrogacy are the lack of professional services for matching with a surrogate in the UK and the lack of legal certainty.
Conclusion
Regardless of the destination, for many intended parents from the UK pursuing surrogacy is a significant step toward achieving the dream of parenthood.
When it comes to surrogacy for UK parents, it is important to always remember that surrogacy is a life changing experience that should not be gone into lightly. The right choice will also depend on individual circumstances, priorities, preferences and sex orientation.
Each of the countries discussed offers unique advantages and considerations. Ensuring that the chosen country aligns with parents’ specific needs and legal requirements, including any age limit criteria (for IVF clinics), is determining.
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