Same-sex marriage may now be legal, but surrogacy remains a legal minefield in the UK.
Surrogacy is an increasingly popular route to parenthood for gay couples, enabling them to have a child genetically connected to one of them. UK based couples should, however, be fully aware of the legal implications (at home and abroad) before embarking on the surrogacy journey.
Here are my top ten need-to-know pointers if you are considering surrogacy:
1. The availability of surrogates in the UK is limited – in part due to the legal restrictions on advertising for surrogacy.
2. Surrogacy contracts/agreements are NOT enforceable in the UK.
3. Because of the limitations of surrogacy in the UK, many couples go abroad. There is an ever increasing number of countries with surrogacy industries. The most popular, gay friendly, surrogacy market continues to be California in the US, but Thailand and Mexico also offer surrogacy for gay couples. India and Russia do not allow gay surrogacy. It is critical to research the particular country’s views on gay surrogacy BEFORE you enter into an arrangement in that country.
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