What is surrogacy?

Surrogacy is a way of conceiving a child, in which a woman (a ‘surrogate’) carries a pregnancy for someone else (the ‘intended parents’) who are unable to carry the pregnancy.

What is a surrogate?

A surrogate is someone who carries a child for someone else without intending to become that child’s parent. Surrogates do not typically describe themselves as surrogate ‘mothers’ because they do not view themselves as mothers of the children they help bring into the world.

What is the difference between traditional surrogacy and gestational surrogacy?

A gestational surrogate (sometimes called a host surrogate) is not biologically related to the child she carries. Gestational surrogates conceive through IVF at a fertility clinic, where an embryo (created with an egg from an egg donor or from the intended mother) is transferred to her uterus.

A traditional surrogate (sometimes called a straight surrogate) conceives with her own eggs and so is biologically related to the child.  Traditional surrogates may conceive at home through artificial insemination using the intended father’s sperm, or through fertility treatment (artificial insemination or the transfer of an embryo created with her eggs) at a clinic.

In the UK, both traditional surrogacy and gestational surrogacy are common and the law treats them both in the same way.  In most overseas countries which support surrogacy, gestational surrogacy is typical and often the only type of surrogacy which is legally recognised.

There is no evidence that traditional surrogates are more emotionally attached to a surrogate child than gestational surrogates or less likely to surrender the baby on birth. However, it is always important for any potential surrogate to think through what type of surrogacy she feels most comfortable with, and it is important for everyone to think through the long term implications for all involved (including the child conceived and the surrogate’s existing children).

Do you have to adopt a surrogate child?

Not usually. Under UK law, the surrogate (and if married her spouse) will initially be treated as the child’s legal parents. If the child is born in the UK, this will be recorded on the initial birth certificate; if the child is born overseas (for example in the USA) it is common for the intended parents to be recorded on their child’s birth certificate as the parents from the outset. Either way most UK intended parents then go through a special court process after the birth (a parental order application) to get a court order which makes them the legal parents. This process also resolves the birth certificate, with the court order directing the registrar to issue the child with a birth certificate (a replacement birth certificate, if the child was born in the UK) which records the parents as the legal parents. Parental orders were designed to be a streamlined solution specific to surrogacy, avoiding the need for biological parents through surrogacy to have to adopt their own children. However, adoption is another route to transferring legal parenthood, and there are some situations in which it is used, for example where neither intended parent is the child’s biological parent.  You can find out more about the legalities of surrogacy from our sibling organisation NGA Law.