Surrogacy in the United Kingdom: Legal Questions, Costs and International Alternatives

For couples and individuals unable to conceive naturally or via other assisted reproduction methods, surrogacy can appear to be the final avenue. In the United Kingdom, however, commercial surrogacy is prohibited and only altruistic arrangements—where the surrogate may claim reasonable expenses—are permitted. This article explains the types of surrogacy, outlines the current UK legal framework, compares key international alternatives, reviews costs and medical risks, and explores other paths to forming a family.

What Is Surrogacy?

Surrogacy is an arrangement in which a woman (the surrogate) carries and delivers a child on behalf of intended parents, then transfers parental rights after birth. It supports heterosexual couples, same-sex couples and single intended parents who face infertility or other medical obstacles.

Traditional vs Gestational Surrogacy

Traditional surrogacy: The surrogate’s own egg is fertilised with the intended father’s or a donor’s sperm. Because she is genetically related to the child, this can introduce legal and emotional complications.

Gestational surrogacy: Embryos created from the intended mother’s (or an egg donor’s) eggs and the intended father’s sperm are transferred into the surrogate’s uterus. The surrogate has no genetic link to the child, which simplifies many legal arrangements.

Surrogacy Agencies: Facilitation and Support

Registered or reputable agencies coordinate the process end-to-end, providing:

• Screening and matching of surrogates with intended parents
• Legal advice and drafting of agreements
• Coordination of medical procedures (IVF, monitoring)
• Psychological counselling and conflict resolution

Ethical providers set out clear timelines, fees and risk disclosures at the outset to protect everyone involved.

Surrogacy in the United Kingdom: Legal Framework

Under the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 1990, commercial surrogacy is unlawful in the UK. Surrogates may only receive “reasonable expenses” (for example, travel, loss of earnings, medical costs), but must not be paid a fee. Agencies must not profit from matching services. Intended parents acquire legal parenthood by applying for a Parental Order after birth (Surrogacy Arrangements Act 1985; HFEA guidance).

Any surrogacy agreement is not legally enforceable: the surrogate birth mother remains the child’s legal mother until a Parental Order is granted. This framework aims to prevent exploitation and ensure clear, ethical practice.

Costs and Financing of Surrogacy

Overall expenses depend on agency fees, medical package and location. Typical cost items include:

• IVF procedures and clinic charges
• Legal fees (Parental Order application, solicitor’s fees)
• Surrogate’s reasonable expenses (travel, loss of earnings, maternity clothing)
• Agency facilitation fees (if used)
• Travel, accommodation and associated costs

In the UK, total outlay often ranges from £40,000 to £70,000. Financing options include personal loans, fertility grants and charitable funds.

Medical Aspects and Risks

UK surrogacy typically uses in vitro fertilisation (IVF), where embryos created in the lab are transferred into the surrogate’s womb (Moragianni et al. 2021; Zhang et al. 2020).

Potential risks:

• Ovarian hyperstimulation syndrome (OHSS), affecting up to 5% of IVF cycles ( Patient.info OHSS).
• Hormonal side-effects such as mood swings, nausea and bloating ( MedlinePlus 2023).
• Increased likelihood of multiple pregnancy (twins, triplets), with higher rates of premature birth and pre-eclampsia ( WHO 2021).
• Psychological stress from hormone treatments and social expectations ( Burgio et al. 2022).

Close medical supervision—including regular scans, blood tests and specialist consultations—is essential to monitor and manage complications early.

Criticism and Ethical Debate

Critics argue that surrogacy can commodify human life and exploit financially vulnerable women. Concerns also exist about the long-term psychological impact on children born via commercial arrangements.

Proponents maintain that, with robust screening, fair expense coverage and transparent agreements, altruistic surrogacy can offer a compassionate route to parenthood. Strict regulation by the HFEA and thorough support services help mitigate potential abuses.

International Alternatives: Overview and Regulations

Some intended parents travel abroad to countries with clearer or more affordable surrogacy laws. Examples:

• Canada: Only altruistic surrogacy; surrogates may claim expenses only.
• Greece: Commercial surrogacy permitted under regulated contracts.
• Ukraine: Commercial surrogacy available under defined conditions; subject to political risk.
• Russia: Both altruistic and commercial surrogacy allowed, though legal uncertainties exist.
• India: Commercial surrogacy largely banned for foreigners; regulations change frequently.
• Mexico: Laws vary by state; some regions permit compensated arrangements.
• Australia: Commercial surrogacy prohibited; altruistic only in certain states.
• Brazil: Altruistic surrogacy allowed under court approval.
• South Africa: Contracts must be court-approved before embryo transfer.
• Germany: Surrogacy effectively banned under the Embryo Protection Act.
• Switzerland: All forms of surrogacy are prohibited.
• France: Surrogacy is banned; intended parents must seek services abroad and navigate complex recognition.
• Sweden: Surrogacy is not permitted; many travel to neighbouring countries.
• Denmark: Both commercial and altruistic surrogacy heavily restricted, creating high legal risk.

Alternative Paths to Building a Family

Other family-building options include:

• Adoption: A legally defined process placing a child into a permanent home.
• Foster care: Temporary or long-term care for children, coordinated by social services.
• Sperm or egg donation: Regulated by the HFEA; donors are screened and recipients matched.

Sperm Donation as an Alternative: RattleStork

Increasing numbers in the UK now opt for sperm donation instead of surrogacy. On platforms such as RattleStork, users can create a free account and choose from a network of carefully vetted donors.

Conclusion

Surrogacy raises intricate legal, medical and ethical questions. In the UK, only altruistic arrangements are permitted, and intended parents must apply for a Parental Order to formalise parenthood. Whether you pursue domestic surrogacy, travel abroad, or explore alternatives such as adoption or sperm donation, expert legal advice, realistic budgeting and comprehensive medical care are essential to a successful outcome.