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United Kingdom
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Surrogate mother meaning

Published by a LexisNexis Family expert
What does Surrogate mother mean?
In practice, a surrogate mother is a woman who, under a surrogacy arrangement made before she becomes pregnant (or before embryo transfer), carries a child with the intention that, after birth, the child will be handed over to the intended parent(s) who will assume parental responsibility/rights. Across England & Wales, Scotland and Northern Ireland, this reflects statutory usage in the Surrogacy Arrangements Act 1985 and related provisions of the Human Fertilisation and Embryology Act 2008. The surrogate is the legal mother at birth; legal parentage for intended parents is transferred post‑birth by a Parental Order (HFEA 2008, ss.54/54A), subject to the surrogate’s consent, domicile/habitual residence and child‑welfare requirements. Payments beyond reasonable expenses require court authorisation, and commercial surrogacy and most advertising/broking are restricted. In Scotland, references are to parental responsibilities and parental rights; substance is otherwise consistent. The term covers both gestational and traditional surrogacy. In Ireland, “surrogate mother” is a descriptive term rather than a settled statutory definition. The birth mother is treated as the legal mother at birth. Intended parents typically secure status through court orders (for example, a declaration of parentage for a genetic father and subsequent guardianship/custody or adoption), pending dedicated surrogacy legislation.
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View the related Practice Notes about Surrogate mother

PRACTICE NOTES
Surrogacy law: framework, prohibition of commercial arrangements, parental orders, reasonable expenses, birth registration and legal parenthood, international issues, and the Law Commission’s proposed reforms

A surrogacy arrangement describes a situation in which a woman carries a baby for another person, with the expectation that, at birth, the child will be passed to the commissioning couple or party and then brought up as their own. The principal provisions governing these arrangements are set out in the: Surrogacy Arrangements Act 1985 (SAA 1985) Human Fertilisation and Embryology Act 2008 (HFEA 2008) Human Fertilisation and Embryology (Parental Orders) Regulations 2010, SI 2010/985 (SI 2010/985), revoked by the Human Fertilisation and Embryology (Parental Orders) Regulations 2018, SI 2018/1412 (SI 2018/1412) Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018, SI 2018/1413 (SI 2018/1413) It is an offence to carry out commercial surrogacy arrangements in the UK, see: The meaning of a surrogacy arrangement. Guidance The government has issued guidance for surrogates and intended parents explaining how to start a family through a surrogacy arrangement, and on how to care for surrogates and intended parents in England...

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