Fertility & Surrogacy | Surrogacy & Parentage
Surrogacy is available for both heterosexual and same-sex couples (although in both scenarios, the couple must be married, in a civil partnership or an “enduring relationship”) and surrogacy arrangements are legal as long as certain criteria are complied with.
One of the key requirements is that the surrogacy arrangement cannot be on a commercial basis which means that save for certain permitted expenses payments, no money must change hands as part of the surrogacy arrangement or even the setting up of a surrogacy arrangement.
There are typically two types of surrogacy. The first uses the surrogate’s own egg together with the sperm of one of the commissioning parents (known as traditional surrogacy).
The second type is known as gestational surrogacy and uses either one of the commissioning parent’s eggs or a donor egg and either one of the commissioning parent’s sperm or donor sperm.
Whichever mechanism is used, it is important that the gametes (eggs or sperm) of one of the commissioning parents is used otherwise it is impossible to apply for a parental order.