# HFEA changes on surrogacy treatment in the UK



## NatGamble (Mar 1, 2007)

Hi everyone

I thought some of you might be interested to know that the HFEA is reviewing its policy on surrogacy (essentially what it tells IPs and surrogates conceiving through UK fertility clinics about who the parents are), and is planning to introduce new guidance and new forms as from 1 October. This is good news (something we've been pushing for for a while) and should make things better and clearer, and bring the HFEA's stance on surrogacy into line with how things work in practice, as well as creating new forms which are much more surrogacy-targeted.

There's more info here: http://www.bionews.org.uk/page_294528.asp

We'll be posting updates with any further info on the detail on our *******, so feel free to follow us (@NGambleAssoc) if you want to be kept up to date.

Natalie


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## duffy7 (Apr 3, 2011)

Thanks for the info.
I assume that doesn't cover Scotland?

As I was aware its the surrogate and the intending father that are on birth certificate, even if the surrogate is married.


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## ♥JJ1♥ (Feb 11, 2006)

Hi Natalie thanks for the update and your endless campaigning on surrogacy matters. Xx


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## NatGamble (Mar 1, 2007)

Hi Duffy and AR

I am not a Scottish lawyer but the the Act which says that the surrogate's husband is the legal father applies through the UK, and I have been reliably told that it's wrong that he doesn't need to go on the birth certificate in Scotland (a myth fuelled by the fact that it's practically easier to get the registrar to record the wrong thing).

AR - That would take a change to the law itself, and so would need to involve Parliament (it's not a decision the HFEA can make).  We are working on it...  I would actually like to see the law allowing BOTH IPs to go on the birth certificate from the outset.

Natalie


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## NatGamble (Mar 1, 2007)

Hi AR
No the changes don't make surrogacy agreements enforceable - the surrogate remains the legal mother and, as you say, has to consent to the parental order.  The whole area of whether she can 'change her mind and keep the baby' is much more complex than people think though.  Ultimately the family court always has the power to act in the child's best interests and so can award care to either side if there is a dispute.  The changes to the HFEA rules don't really affect that.

The HFEA only governs treatment at clinics, so none of this applies to home insemination traditional surrogacy cases.
Hope that makes sense.
Natalie


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## Chicalinda (Sep 20, 2011)

My surrogate separated from her husband before treatment, they are getting divorced. Is it possible under these circumstances for my husband to go on the birth certificate as he is the genetic father?


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