Intended Parents from United Kingdom, the Channel Islands or the Isle of Man

Commercial Surrogacy in the United Kingdom is completely prohibited and the prospective parents choosing to have surrogacy in the United Kingdom can opt only for altruistic surrogacy. Commercial Surrogacy Arrangements within the United Kingdom is illegal and punishable. It is also illegal to advertise for surrogate mothers or the willingness to act as surrogate mothers. Altruistic surrogacy is non-commercial surrogacy where the surrogate mothers are not paid any remuneration for the purpose of surrogate mother. This is to makes sure that money is not a factor which would induce women to act as surrogate mothers. However, reasonable expenses may be paid to surrogate mother. What is a reasonable expense can be decided only according to the facts and circumstances of each and every case.

Whether the surrogacy agreements are enforceable in the United Kingdom?

No, Surrogacy Agreement are not enforceable in the Courts at UK.

Who is the Mother of the Child as per the laws of the United Kingdom?

As per the law applicable to intended parent domiciled in United Kingdom, the Channel Islands or the Isle of Man, the Surrogate mother is regarded as the mother of the child. Where the Surrogate mother is married, her husband is treated to be the father of the surrogate child. Where the Surrogate mother is unmarried, the donor of the sperm is considered to be the Father of the child. The surrogate mother and/or her husband can relinquish their parental responsibilities in favour of the gamete donors as per Section 30 of the Human Fertilization and Embryology Act, 1990; or by obtaining an order from the foreign court within whose jurisdiction the child was born. Only on obtaining of this order the child would be considered to be child of the prospective parents, and until then the child is considered to be that of the surrogate mother (and where she is married, her husbands.)

Important issues for Intended Parents from United Kingdom who wish to take up surrogacy in India.

• It is strongly advised that intended parents obtain legal opinion from an Indian Lawyer specializing in Indian and International Surrogacy before fixing the medical team in India
• Intended Parents are required to have in place a proper International Surrogacy Agreement which is drafted by a lawyer of expertise in Indian and International Surrogacy Law
• Intended Parents carrying Indian Nationality would not be able to provide British citizenship for the Children
• Where only one in Intended couple is a British citizen, that individual should have contributed the gamete in creating the child so as to obtain nationality for the child.
• A parental order has to be obtained at the United Kingdom under Section 30 of Human Fertilization and Embryology Act, 1990 within a period of 6 months from the date of birth of the child.
• An order may also be obtained from an Indian Court as a substitution for an order under Section 30 of the Human Fertilization and Embryology Act, 1990