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Surrogacy and the law in the UK
Bianca Olaye-Felix1, Deborah Emma Allen2, Neil H Metcalfe3,4
1Department of Medicine, Salford Royal NHS Foundation Trust, Salford, UK.
Postgraduate Medical Journal
|April 19, 2023
Summary
UK surrogacy law permits altruistic arrangements but prohibits commercial ones. Legal parenthood transfers to intended parents via a parental order within six months of birth, with potential complications arising from application timing and surrogate payments.
Area of Science:
- Assisted Reproductive Technology
- UK Family Law
- Reproductive Rights
Background:
- Surrogacy involves a woman carrying a child for intended parent(s).
- Navigating UK surrogacy law presents challenges for all parties involved.
- Existing UK legislation permits altruistic surrogacy but bans commercial arrangements.
Purpose of the Study:
- To review and summarize UK surrogacy laws.
- To identify potential legal complications within surrogacy.
Main Methods:
- Review of current UK legislation pertaining to surrogacy.
- Analysis of legal frameworks governing parental order applications.
- Examination of case law and statutory provisions related to surrogacy.
Main Results:
- Altruistic surrogacy is legal in the UK; commercial surrogacy is illegal.
- Both traditional and gestational surrogacy are permissible.
- UK law accommodates surrogacy for diverse family structures, including same-sex and single individuals.
- Legal parenthood is transferred via parental order within 6 weeks to 6 months post-birth.
Conclusions:
- UK surrogacy law is complex, requiring careful navigation by healthcare professionals, surrogates, and intended parents.
- Key legal challenges include adherence to parental order application timelines and regulations regarding surrogate compensation.
- The legal framework supports altruistic surrogacy while addressing the complexities of establishing legal parenthood.
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