The Department of Health and Social Care recently
published guidance for surrogates and intended parents, which sets
out how to start a family through a surrogacy arrangement in
England and Wales.
The guidance offers a helpful "how to" guide for
anyone entering into a surrogacy agreement. There are many
practical and legal factors which surrogates or intended parents
need to consider before they decide to use an assisted
conception option.
We summarise below some key points from the government guidance
for couples who might be considering embarking on the surrogacy
journey:
Is it legal?
There appears to be a lot of confusion from many prospective
clients we speak to as to whether surrogacy is in fact legal in the
UK. Although such arrangements are not in
fact enforceable in law, surrogacy is in fact legal in the UK.
Under the Surrogacy Arrangements Act 1985 it is an offence to
advertise that you are seeking a surrogate or that you are a
potential surrogate