COTS - Surrogacy in the UK

	Surrogacy IS legal in the UK. The main proviso is that no money other than 'reasonable expenses' should be paid to the surrogate. While there is no strict definition as what constitutes ' reasonable expenses ' it is left up to the individuals involved in a surrogate arrangement to come to an agreement regarding these expenses. Any costs incurred by a surrogate that are as a result of the pregnancy would be regarded as expenses. For a quide of these expenses please see our downloads page.
	It should also be noted that, at present, the law does not recognise surrogacy as a binding agreement on either parties. There is very little the intended parents can do to secure their position prior to the birth, even in the case of gestational surrogacy where the baby is genetically related to both intended parents and not the surrogate.
	Once the child is born and if the intended father's name goes on the birth certificate, then he automatically has equal rights over the child with the surrogate. If not a Parent Responsibility Agreement can be entered into by the intended father with the surrogate mother, which gives them equal rights over the child, this only applies in certain cases, see link above. After six weeks the 'parents' can apply for a Parental Order that will give them full and permanent parental rights over the child. At this stage the surrogate relinquishes all her rights over the child. To read more about the Parental Responsibility Agreement click here To read more about the Parental Order click here
	It is illegal to advertise for surrogates or intended parents.
	A detailed description of the issues surrounding surrogacy and the law are included in our 'Introduction to surrogacy' booklet.

	Couples living outside the UK- The Adoption and Children Act 2002 whose relevant sections became effective on 31 December 2005 makes it illegal for anyone to take a child out of the UK with a view to adopting it in a non-UK country. It is also illegal for anyone to advise or assist such persons in any way. Please read relevant sections 84 to 86 Effectively, COTS can no longer help overseas couples and nor can we enter into any further discussion of any kind with such couples. We understand the obvious distress this will cause and point out that we were not consulted or informed in any way regarding the drafting, implications or implementation of this legislation.