Gestational Surrogacy in United Kingdom

has suddenly become extremely risky. News has emerged that a gestational carrier, who has no genetic relationship to the babies that she carried, refused to give up the babies to the genetic intended parents. Because the law in the U.K. dictates that the birth mother is legally considered the mother even if she has no genetic relationship to the baby and even though she may have entered into a legal surrogate arrangement with the intended parents.

It seems very risky for a couple who lives in the U.K. to undergo gestational surrogacy or with the possibility of losing their own genetic children. Fortunately, there is hope for infertile U.K. couples who need a gestational carrier. They can enter into gestational surrogacy arrangements outside of the U.K. One example of a location that has made gestational surrogacy a legally safer option is right here in Illinois.

Surrogacy: Illinois Legal information

As of January 1, 2005, the Illinois legislature passed the Gestational Surrogacy Act which was meant to facilitate gestational surrogacy in Illinois and protect the rights of all parties involved. Most importantly, neither the intended parents or the gestational carrier must be residents of Illinois. The law applies when the baby is born in Illinois.

The act defines requirements for a woman to be a gestational surrogate:

(1) She must be at least 21 years of age;
(2) She must have given birth to at least one child;
(3) She must have completed a medical evaluation;
(4) She must have completed a mental health evaluation;
(5) She has had independent legal consultation
(6) She has a health insurance policy that covers pregnancy, the post-partum period and covers major medical treatments and hospitalizations

The intended parents(s) must also satisfy some requirements

(1) The intended parents(s) must contribute at least one of the gametes
(2) The intended parents(s) must have a medical need for the surrogacy as evidenced by a qualified physician's affidavit
(3) The intended parents(s) must have completed a mental health evaluation and
(4) The intended parents(s) must have independent legal consultation

If all the requirements are met, it allows the couple desiring a baby to become the legal parents of the baby and provides for some enforcement if any of the provisions are violated.

U.K. Couples who are interested in having a gestational surrogate give birth In Illinois should register as a patient through the patient portal above.