Commercial surrogacy is not legal in UK. As British citizens, there is nothing preventing you from entering into a surrogacy arrangement in another destination provided that commercial surrogacy is legal in that destination.  

In the UK, altruistic surrogacy is legal.  You may pay ‘reasonable expenses’ to the surrogate.  What constitutes reasonable expenses varies.  Typical expenses include medical expenses; travel to and from clinics, scans, medication, supplements etc.  However, often a payment is agreed for the complete arrangement and paid in instalments over 9 months.   A surrogacy agreement is not enforceable in the UK and the intended parents must apply to the court to both become legal parents for the child.  Until then, the surrogate is the legal mother and if she is married or in a civil partnership, her husband is the second legal parent.

Many couples look abroad for surrogacy because it is difficult to match in the UK and when a match is found, the legal framework is not sufficient to provide IP’s with enough security that they will become the legal parents.

If you are looking abroad, you need to research how you can return home with the child and become legal parents.   Other factors to consider include cost and duration spent in the destination post birth waiting for the child’s passport.

The decision about where your child should live and who the legal parents are, is determined by legislation in England and not legislation in the destination where the surrogacy takes place.  You need to be sure that you are acting within the law of the destination country.  To be sure of that, get advice from a surrogacy lawyer in the destination. 

 Nowadays Ukraine is unique destination for fertility treatment which is quite popular among UK citizens. Specialists of Anastasia Herman law office are glad to share their knowledge and experience within legal process that will make each step of your surrogacy journey confident and easy. We provide consultations on all kind of artificial technology treatment programs, document and agreement drafting, assistance with post-birth process and support. We will minimize a time of your stay in Ukraine providing approachable legal services of excellent quality, accompanies the greatest and most admirable journey in your life – path becomes parents. 

Please contact our lawyers for advice on surrogacy law.