Why British parents choose surrogacy in the USA

The USA is consistently the most popular international surrogacy destination. According to English Family Court statistics, over a hundred parental orders are made each year for children born in the US, making the USA the country of birth for around half of all the international surrogacy applications (the other half spread across many different countries).  Why?

Surrogacy in the USA is legally secure

Nearly every US state now permits and recognises surrogacy. Surrogates and intended parents typically enter into a surrogacy or ‘gestational carrier’ agreement before conception which records everyone’s intentions and which is legally enforceable. This sets a clear framework for the arrangement and is a source of stability and security for everyone. It also enables the intended parents to be recorded on their child’s birth certificate. Having a secure legal framework gives everyone legal certainty.

For UK-based or British parents, there is also a separate UK legal process to follow post birth. Find out more about this from our sibling organisation NGA Law. 

Surrogacy in the USA is a well-trodden path

Surrogacy is an accepted and well-established way of building a family in the US. Agencies and attorneys, some of which have decades of experience, can provide provide professional support to surrogates and intended parents. The standards of quality in fertility treatment are excellent, resulting in high success rates. Egg and sperm donors are available if needed, with detailed information available for intended parents and ultimately their child. Surrogacy is culturally acceptable, which means there is less need to educate others involved in journey, for example when dealing with the delivery hospital to make arrangements for the birth. Hospitals as well as insurance brokers have good experience of surrogacy.  

Surrogacy in the USA is ethical and offers protection to surrogates

Reputable surrogacy agencies in the US have rigorous processes for screening surrogate candidates, ensuring they are well prepared, supported and protected. Intended parents can be confident of the ethics of any surrogacy arrangement they enter into. 

Intended parents typically develop a close personal bond with their US surrogate, and for most this extends beyond the surrogacy journey. In research conducted by Brilliant Beginnings with Cambridge University in 2018, more than 95% of the UK parents surveyed had maintained relationships with their US surrogate after the surrogacy process had ended.  The normalisation of virtual communication over the past few years has enabled relationships to be natural and organic, even if parents and surrogates are physically distant from each other. 

Surrogacy in the USA is open to all family types

The US surrogacy framework is inclusive of parents regardless of sexual orientation, gender, relationship status or biological connection. It is a particularly popular option for gay dads, transgender and single parents given that there are few other safe surrogacy options available to them globally, and because parents can be open and honest about their personal situation in the surrogacy process.   

The ease of experience after the birth

British parents with children born through international surrogacy will need to navigate the immigration pathways and the logistics around travelling home with their new baby after the birth.  The US offers a more seamless option than most other international surrogacy destinations because all children born in the US are entitled to a US passport, which is issued quickly and gives visa-free access to many other countries (including the UK and the most common countries of residence for British expatriates).  While UK parents still need to make a court application to fully resolve their status and their child’s British nationality, in practice US surrogacy offers a much quicker route home after the birth than most other international surrogacy options.