# Surrogacy - confused by the law & lack of info



## Scorpy (Oct 2, 2014)

Hi everyone, I hope I don't cause any offence - I'm only just at the beginning of our IVF journey so I'm somewhat jumping ahead to be looking on the surrogacy board, but this in a way is my coping mechanism to learn about what else is out there.

I came here to gather some info on Surrogacy as you 'think' you know what things involve but really it is a complete mystery until you really look into it & I was actually quite shocked reading that the current UK law(?) states that if you are using a surrogate with your eggs & your partners sperm - you are not legally classed as the childs parents, your not on the initial birth certificate and you therefore have to 'apply' after the birth? 
That is some really confusing law! It is 100% your DNA?

I understand it must be incredibly difficult to be a surrogate, and thank god there are people generous and unbelievably selfless enough to do this to truely help others and I understand the risk involved of a surrogate being unable to go through last minute etc - but that would also bring a whole other argument into the equation in the case that this baby has the DNA of another man/woman so how can they legally just be discarded? I thought it was DNA that determined whom the biological mother or father was and therefore the rights? 
Was anyone else slightly gobsmacked learning this?

After scouting around I still don't really know whats involved in surrogacy - i.e. is it free? It doesn't appear to be legal if you offer payment is that right?
Do the NHS help or is it just a private option you have to venture into alone?
So there is no contract involved during the pregnancy etc?


----------



## NatGamble (Mar 1, 2007)

Hi Scorpy

This might help by giving a bit of an overview of how the law works in the UK: http://www.nataliegambleassociates.co.uk/knowledge-centre/surrogacy-in-the-uk-the-law. You are right that the wrong people are the parents initially, but it is sorted out with a parental order after the birth and it's rare for there to be serious problems even though there is no legal certainty at the start.

Hope your research is reassuring. There is lots of information out there, but take heart that surrogacy works, even if it looks complicated!

Natalie


----------

