Legal Aspects of Egg Donation and Surrogacy in UK

09.09.2014

The United Kingdom of Great Britain and Northern Ireland refers to the countries where government has quite a “tolerant” attitude towards the non-profit surrogacy.

In 1990 British Parliament adopted the Law about  Surrogacy in UK, on the basis of which, special Department of In-vitro Fertilization and Embryology was created. The main duties of this Department include not just control and regulation of IVF cycles, sperm and embryo storage but also the development of scientific investigations in the sphere of Embryology. It have to notify interested people of the full information about all the aspects of surrogacy in UK. This Department strongly depends on the Department of Health of UK.

Despite the fact that during last years, surrogacy becomes more and more wide-spread kind of infertility treatment, there are some cases when intended parents can demand the court to admit their paternity for the child:

  • spouses are officially married;
  •  the child was conceived using at least one spouse’s gamete;
  •  the request was made during the first 6 months after the childbirth;
  •  at least one of the intended parents is a British citizen;
  •  intended parents are mature;
  •  the child and intended parents’ place of registration is the same;
  •  surrogate have to abandon the child since the 6th week after the childbirth;
  •  the intended parents have compensated the surrogate with different sums to support her during the pregnancy

Weakness of legislation or it’s better to say absence of any detailed practical instructions about the performance of surrogacy and egg donation programs which are required by all the participants of the surrogacy journey (a surrogate, intended parents, fertility specialists etc.) is the main problem of surrogacy in UK.

In contrast to Ukraine where signing of surrogacy contract between the intended parents and surrogate is always obligatory, it doesn’t have any legal power in UK. According to British legislation, intended parents have always to adopt their child. But in the course of surrogacy program surrogate mother might change her mind and refuse to give a child to his real parents.

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