The surrogacy process: A comprehensive guide

Surrogacy is a process where a woman carries and delivers a child for another couple or individual. This involves the use of in vitro fertilisation (IVF) to impregnate the surrogate mother.

It is an incredible journey that allows individuals and couples to achieve their dreams of parenthood. It involves a surrogate mother carrying and giving birth to a child for another person or couple.

What is surrogacy?

Surrogacy is an arrangement where a woman, known as the surrogate, agrees to carry a pregnancy for another individual or couple, referred to as the intended parent(s). There are two main types of surrogacy: traditional and gestational.

Traditional surrogacy

In traditional surrogacy, the surrogate mother is artificially inseminated with the intended father’s sperm or donor sperm. The surrogate’s egg is used, making her the biological mother of the child.

Gestational surrogacy

Gestational surrogacy involves using in vitro fertilisation (IVF) to create an embryo with the egg and sperm from the intended parents or donors. The embryo is then implanted into the surrogate’s uterus. In this case, the surrogate has no genetic link to the child.

The surrogacy process

The surrogacy process can be complex and involves several key steps. Here’s a comprehensive overview:

Deciding on surrogacy

The first step is making the decision to pursue surrogacy. This involves thorough research and understanding the emotional, legal, and financial aspects of the process. Consulting with a surrogacy agency or legal expert can provide valuable guidance and help the journey to parenthood run smoothly.

Finding a surrogate

Finding the right surrogate is crucial. This can be done through a surrogacy agency, a fertility clinic, or independently. It’s important to consider factors such as the surrogate’s health, lifestyle, and willingness to adhere to the terms of a surrogacy agreement.

Legal considerations

Surrogacy laws vary by country and region, so it’s essential to understand the legal framework in your location, together with whether there are any immigration issues which need to be considered. A surrogacy agreement, detailing the rights and responsibilities of all parties, must be drafted and signed. Legal advice is crucial to ensure the agreement clearly sets out the intentions of all parties.

Medical procedures

The medical aspect of surrogacy involves several steps:

1. Fertility treatments: The intended mother or egg donor undergoes ovarian stimulation to produce eggs, which are then retrieved for fertilisation.
2. IVF: The eggs are fertilised with the intended father’s sperm or donor sperm to create embryos.
3. Embryo transfer: The created embryos are implanted into the surrogate’s uterus. A successful implantation leads to pregnancy.

Pregnancy and prenatal care

Once pregnancy is confirmed, the surrogate will receive regular prenatal care to monitor her health and the baby’s development. Communication between the surrogate and intended parent(s) is crucial during this time to ensure everyone is comfortable and informed.

Birth and legal parenthood

When the surrogate gives birth, the intended parent(s) will typically take care of the baby immediately. Following the birth, there needs to be a transfer of the legal parenthood, which is done via an application for a parental order. This is a court process and ensures that the intended parent(s) are recognised as the legal parent(s) of the child.

Benefits of surrogacy

Surrogacy offers several benefits:

• Biological connection: Gestational surrogacy allows the intended parent(s) to have a biological connection to the child.
• High success rates: Advances in reproductive technology have increased the success rates of surrogacy.
• Fulfilling dreams: Surrogacy provides a path to parenthood for individuals and couples who cannot conceive naturally.

Challenges of surrogacy

Despite its benefits, surrogacy also presents challenges:

• Emotional complexity: The process can be emotionally taxing for both the surrogate and the intended parent(s).
• Legal complexities: Navigating the legal aspects of surrogacy can be complicated and varies by region, meaning specialist advice from a legal expert is essential.
• Financial cost: Surrogacy can be expensive, considering medical, legal, and agency fees.

Choosing the right surrogacy agency

Selecting a reputable surrogacy agency is crucial for a smooth process. Consider the following when choosing an agency:

• Experience and success rates: Research the agency’s history and success rates in matching surrogates and intended parents.
• Support services: Ensure the agency provides comprehensive support, including legal, medical, and emotional guidance.
• Transparency: The agency should be transparent about costs, processes, and potential risks.

How our solicitors can help

Surrogacy is a complex but rewarding journey that requires careful planning, legal guidance, and emotional support. By understanding the surrogacy process and working with experienced professionals, the intended parent(s) can achieve their dreams of building a family.

At Moore Barlow, our team of surrogacy solicitors are dedicated to providing comprehensive legal support and guidance throughout your surrogacy journey. Contact us today to learn more about how we can assist you in making your dream of parenthood a reality.