Surrogacy law in the UK is facing criticism for being unregulated and outdated.
Despite this increase in demand, the law, that is defined in the Surrogacy Act 1985, has remained largely unchanged in thirty years.
Members of the community are now calling for changes to be made – but they are divided on what these changes should be.
The number of babies born via surrogacy is ten times higher than it was a decade ago, and this is continuing to rise. Credit: City News
Kim Cotton, Britain’s first ever surrogate mother and founder of surrogacy agency COTS, calls for changes in the law to be made. She explains that the 1985 Surrogacy Act was introduced as a “knee-jerk reaction” to her case.
“It’s 2019 for goodness sake”, she says. “Things have moved on, technology has moved on. And surrogacy has gone from a rare occurrence to more of an everyday occurrence.”
Reasonable Expenses
The law states how surrogate mothers are allowed to receive “reasonable expenses”.
But Lisa Lum, a five time surrogate mother and a blogger, argues that “you cannot tell someone how much it is going to cost them to have a child.
“They say reasonable expenses – but there is no definition of what reasonable means. What is reasonable to one person is totally different to what is reasonable to another. So for one person, it will be perfectly reasonable to ask for £10,000 to go to Disney Land.
“I think it works as it is as most people don’t take advantage.”
Lisa Lum, a five time surrogate mother. Credit: City News
Research conducted by the University of Kent and Surrogacy UK found that the total cost for surrogacy ranges can range from £10,000 to £80,000.
The research also found that surrogate expenses tend to range from £5,000 to £26,000 – with the average at £12,000.
But there is no cap on the sum that a surrogate can receive and the surrogate defines how much her expenses are as one of the first steps in the process.
Non-binding contracts
While it is recommended that a contract is drawn up between the surrogate and the intended parents before the pregnancy, these contracts are not legally binding.
The law has remained largely unchanged in thirty years. Credit: City News
Ms Cotton believes that this ensures that ‘”surrogacy is based on trust and friendship”.
Lisa Lum agrees, arguing that “you don’t own someone just because they are carrying your child”.
But the other side to this is that intended parents feel like they have no security.
‘Jane’ is an intended mother trying to find a matching surrogate. Using a pseudonym, she told City News that after failed IVF treatments and being diagnosed with breast cancer, her and her husband have two embryos left on ice. This is their last chance at having a child.
“If the contracts drawn up were legally binding”, she says, “it would give us peace of mind. We do not have any room for error so we find it outrageous that we have no security at all.
“As a result, we feel like we are walking around on eggshells with any potential surrogate as we are so keen to keep them all on side.”
Agencies “claim” to be non-profit
There are four main agencies in the UK, however there is nothing preventing someone going off and setting up another.
They all charge fees, but these can vary from £850 to £12,500. Their role is to help with matching, arrange the necessary medical checks, advise on legalities and help to draw up non-binding contracts.
There is, however, a growing number of people that are opting to go through surrogacy independently. This is when the surrogate mother and the intended parents match on social media, managing the whole process themselves.
Rachel Westbury, who is a five-time surrogate, now runs the agency Nappy Endings. She is critical of the larger agencies as she is unsure of how the fees are spent.
She claims agencies are “non-profit while they are retiring on their beaches in Miami.”
Rachel Westbury, a five-time surrogate. Credit: City News
Baby ‘belongs’ to the surrogate when it’s born
Once the baby is born, the surrogate is always on the birth certificate as the mother. If the surrogate is married, her husband will be down as the father.
The intended parents or biological parents have to then apply to adopt their own child. This process can only be started once the baby is six weeks old. It can take up to a year for this to go through.
Most surrogates, intended parents and agencies agree that needs to be changed.
Ms Cotton says that “surrogates do not want to have to be consulted every time the baby is leaving the country or needs medical treatment.
“At the same time, intended parents do not need that uncertainty when they should be enjoying their new born.”
Review underway by the Law Commission
The Law Commission for England and Wales and the Scottish Law Commission have just started work to review surrogacy law in the UK.
Draft legislation is at it’s earliest expected in 2020 but a delay is likely due to Brexit.
So for now, the surrogacy community remain conflicted on exactly what the changes should be – but united on the fact that reform must take place.
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HeadlineCity Investigates: Surrogacy law in the UK faces criticism
Short HeadlineUK surrogacy law faces criticism
StandfirstThe Surrogacy Act 1985 was introduced as a 'knee-jerk reaction' to a case thirty years ago - and has remained largely unchanged.
Surrogacy law in the UK is facing criticism for being unregulated and outdated.
Despite this increase in demand, the law, that is defined in the Surrogacy Act 1985, has remained largely unchanged in thirty years.
Members of the community are now calling for changes to be made – but they are divided on what these changes should be.
The number of babies born via surrogacy is ten times higher than it was a decade ago, and this is continuing to rise. Credit: City News
Kim Cotton, Britain’s first ever surrogate mother and founder of surrogacy agency COTS, calls for changes in the law to be made. She explains that the 1985 Surrogacy Act was introduced as a “knee-jerk reaction” to her case.
“It’s 2019 for goodness sake”, she says. “Things have moved on, technology has moved on. And surrogacy has gone from a rare occurrence to more of an everyday occurrence.”
Reasonable Expenses
The law states how surrogate mothers are allowed to receive “reasonable expenses”.
But Lisa Lum, a five time surrogate mother and a blogger, argues that “you cannot tell someone how much it is going to cost them to have a child.
“They say reasonable expenses – but there is no definition of what reasonable means. What is reasonable to one person is totally different to what is reasonable to another. So for one person, it will be perfectly reasonable to ask for £10,000 to go to Disney Land.
“I think it works as it is as most people don’t take advantage.”
Lisa Lum, a five time surrogate mother. Credit: City News
Research conducted by the University of Kent and Surrogacy UK found that the total cost for surrogacy ranges can range from £10,000 to £80,000.
The research also found that surrogate expenses tend to range from £5,000 to £26,000 – with the average at £12,000.
But there is no cap on the sum that a surrogate can receive and the surrogate defines how much her expenses are as one of the first steps in the process.
Non-binding contracts
While it is recommended that a contract is drawn up between the surrogate and the intended parents before the pregnancy, these contracts are not legally binding.
The law has remained largely unchanged in thirty years. Credit: City News
Ms Cotton believes that this ensures that ‘”surrogacy is based on trust and friendship”.
Lisa Lum agrees, arguing that “you don’t own someone just because they are carrying your child”.
But the other side to this is that intended parents feel like they have no security.
‘Jane’ is an intended mother trying to find a matching surrogate. Using a pseudonym, she told City News that after failed IVF treatments and being diagnosed with breast cancer, her and her husband have two embryos left on ice. This is their last chance at having a child.
“If the contracts drawn up were legally binding”, she says, “it would give us peace of mind. We do not have any room for error so we find it outrageous that we have no security at all.
“As a result, we feel like we are walking around on eggshells with any potential surrogate as we are so keen to keep them all on side.”
Agencies “claim” to be non-profit
There are four main agencies in the UK, however there is nothing preventing someone going off and setting up another.
They all charge fees, but these can vary from £850 to £12,500. Their role is to help with matching, arrange the necessary medical checks, advise on legalities and help to draw up non-binding contracts.
There is, however, a growing number of people that are opting to go through surrogacy independently. This is when the surrogate mother and the intended parents match on social media, managing the whole process themselves.
Rachel Westbury, who is a five-time surrogate, now runs the agency Nappy Endings. She is critical of the larger agencies as she is unsure of how the fees are spent.
She claims agencies are “non-profit while they are retiring on their beaches in Miami.”
Rachel Westbury, a five-time surrogate. Credit: City News
Baby ‘belongs’ to the surrogate when it’s born
Once the baby is born, the surrogate is always on the birth certificate as the mother. If the surrogate is married, her husband will be down as the father.
The intended parents or biological parents have to then apply to adopt their own child. This process can only be started once the baby is six weeks old. It can take up to a year for this to go through.
Most surrogates, intended parents and agencies agree that needs to be changed.
Ms Cotton says that “surrogates do not want to have to be consulted every time the baby is leaving the country or needs medical treatment.
“At the same time, intended parents do not need that uncertainty when they should be enjoying their new born.”
Review underway by the Law Commission
The Law Commission for England and Wales and the Scottish Law Commission have just started work to review surrogacy law in the UK.
Draft legislation is at it’s earliest expected in 2020 but a delay is likely due to Brexit.
So for now, the surrogacy community remain conflicted on exactly what the changes should be – but united on the fact that reform must take place.
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