Surrogacy laws in the UK are ‘outdated’ resulting in couples being more likely to go abroad to access it, University of Cambridge researchers have claimed. In Britain a surrogate mother can be paid ‘reasonable expenses’, usually running into thousands of pounds to have a baby for someone else, but cannot be seen to profit from it. Some Britons avail of commercial surrogacy overseas which can cost up to $100,000 in places like California. Irish people also sometimes go abroad to avail of commercial surrogacy. Many countries in Europe ban commercial surrogacy and several ban it in all forms.
A new study published in the journal ‘Human Fertility’ is the first to compare the experiences of those who carry out surrogacy in the UK with those who go abroad. The research, led by Dr Vasanti Jadva at the Centre for Family Research, University of Cambridge, in collaboration with NGA Law and Brilliant Beginnings, surveyed over 200 people who had either already had a child through a surrogate, were in the process, or were planning a surrogacy arrangement. ‘Brilliant Beginnings’ is a surrogacy agency.
“UK surrogacy law is outdated and struggling to cope with the strain of modern surrogacy experience both in the UK and globally,” said co-author Natalie Gamble.
They found that the vast majority of couples who go to the US do so because of its clearer legal framework, including the fact that legal parenthood can be transferred from the birth of the child. Surrogacy creates up to three mothers; the birth mother, the egg-donor mother and the social mother, that is, the woman who raises the child. In some cases, the child will be raised by a single man or a male same-sex couple.