# Uk surrogacy agreement



## Gayleandcharlie (Aug 17, 2014)

Hi all, we are just embarking on surrogacy with my cousin being a host surrogate for us. We are also having pre genetic diagnosis so the costs are very high. We haven't joined COTs but we are very thorough. The only thing we can't find is the uk surrogacy agreement. Help!!!! Also does anyone have a spread sheet of how they documented costs. Thanks everyone x


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## EJJB (Mar 18, 2005)

As surrogacy agreements are not legally binding there is no standard form for them. SUK and COTS I presume would have their own, but even those  wouldn't stand up in court.
All you can do is write down every relevant thing you can think of and use them as headings. The same applies with expenses just write down everything you  can think of and them detail an amount for each.
Hope that helps
EJJB
x


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## Katie88 (Feb 7, 2013)

We didnt really need/use one x


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## NatGamble (Mar 1, 2007)

Just to drop in here to say that, having deal with tons of surrogacy arrangements which have gone smoothly and a few which have gone horribly wrong, it is so important to talk things through carefully and thoroughly at the outset. Even if an agreement is not legally binding, putting things in writing can really help crystallise your thoughts and give you a structure for discussing things properly.

Key issues include the detail for expenses, attendance at scans and the birth (and how much interaction/support you expect in your relationship), treatment/conception options, your views on termination if there is a problem, birth certificate options (where applicable), how you plan to resolve any difficulties between you etc.

It's illegal for lawyers in the UK to draft agreements, and they are not strictly legally binding (in terms of being enforceable as simple contracts) but I still think they have value. There's some more info here: 
http://www.nataliegambleassociates.co.uk/knowledge-centre/surrogacy-in-the-uk-the-law

Natalie


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## Gayleandcharlie (Aug 17, 2014)

Thankyou everyone all really helpful advice. Natalie a quick question if you don't mind, a friend of mine is on her second baby through a surrogate. For her expenses ( paid to her surrogate) she just wrote it down in the block payments as per the surrogacy agreement. Rather than writing every single expense down ie travel cost etc.  this wasn't a problem for her parental order so we are thing of the same route. Is this ok? Many many thanks x


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## NatGamble (Mar 1, 2007)

Hi there
This is a really common approach (and in fact the one recommended by COTS for many  years).  You can never say categorically that it won't be queried, since every assessment depends on the particular judge and court reporter, but you would be exceptionally unlucky if it were assuming the amounts are not astronomical.  Even if it were looked into, the very worst case scenario would be the court having to decide whether to explicitly authorise payments of more than reasonable expenses in hindsight.  The court can do this, and has done in hundreds of previous cases, and never said no.  So the risk is  just more complex process, and I don't think it's much of a risk.

Hope that reassures you!

Best of luck on your journey

Natalie


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## Gayleandcharlie (Aug 17, 2014)

Many thanks natalie once again x


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## kaosfusion (Oct 24, 2011)

I have a couple of draft agreements that you can use.  One of which we used for our journey and the Courts were fine with granting the PO as a result of it.

Message me if you would like to see them and I can get them across to you, whilst not legally binding the Courts will accept them as proof of expenses AND they cover everything that you should discuss with your surrogate prior to beginning of the journey so for these reasons alone you should definitely have one!


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