What is Surrogacy?
Surrogacy is an arrangement where a woman (the surrogate) carries and gives birth to a baby for another person or couple (the intended parents). There are two main types: gestational surrogacy, where the surrogate has no genetic link to the baby (the embryo is created via IVF using the intended parents' or donor gametes), and traditional surrogacy, where the surrogate's own egg is used, making her the genetic mother. Gestational surrogacy is far more common today. Surrogacy laws vary dramatically by country and even by state — in the UK, surrogacy is legal but unenforceable, meaning the surrogate is the legal mother at birth.
Who Might Consider Surrogacy?
Women without a uterus (born without one or after hysterectomy)
Women with serious medical conditions making pregnancy dangerous (severe heart disease, certain cancers)
Women who have had repeated, unexplained IVF failure or recurrent miscarriage
Same-sex male couples and single men
Trans men who have had reproductive surgery
Women with severe uterine abnormalities or extensive scarring (Asherman's)
Couples where pregnancy carries significant risk to mother or baby
The Surrogacy Process
Decision and preparation: Counselling, research and decision-making — usually takes several months
Finding a surrogate: Through an agency, surrogacy organisation or known person (friend or family member)
Matching and getting to know each other: Meetings, agreements on values, communication, antenatal care preferences
Medical and psychological screening of the surrogate and intended parents
Legal agreement: Drafted by specialist lawyers — even where unenforceable, important for clarity
IVF cycle: Embryo created using intended parents' or donor gametes, transferred to the surrogate
Pregnancy and birth: Antenatal care, intended parents typically attend appointments and birth
Legal parenthood: A parental order is applied for after birth (in the UK) to transfer legal parenthood
Legal Framework (UK Focus)
In the UK, surrogacy is legal but commercial surrogacy is not — only reasonable expenses can be paid to the surrogate. The surrogate is the legal mother at birth, regardless of genetic relationship. Her spouse or civil partner is the second legal parent unless they did not consent. To become legal parents, intended parents must apply for a Parental Order within 6 months of birth. At least one intended parent must be genetically related to the child. Many UK couples pursue surrogacy abroad (particularly the US, Canada or Ukraine pre-2022) where commercial surrogacy is legal and arrangements are enforceable, but international surrogacy adds significant legal complexity for bringing the child home.
Costs and Timeline
In the UK, surrogacy costs are typically £20,000-£60,000 including IVF, surrogate expenses, legal fees and agency support if used. International surrogacy (US, Canada) can cost £100,000-£200,000 due to commercial agency fees and surrogate compensation. The full process usually takes 18 months to 3 years from decision to bringing baby home, including matching time, IVF cycles and parental order proceedings. Surrogacy organisations like Surrogacy UK and Brilliant Beginnings offer support, matching and information.