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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask re surrogacy, is it even possible in the uk?

10 replies

ISmellBabies · 09/10/2019 19:06

Not a TAAT but another thread got me thinking. We have friends who can't conceive. We've finished having children now. If they asked me to carry a baby for them, I would. But I don't think I would do IVF, having seen my friend go through several unsuccessful rounds of it.
I've always thought it'd be surely just a case of a turkey baster, and then you hand over the baby at birth and 6 weeks later you sign a form and it's official. Am I right so far?
But the other thread got me thinking, what if it wasn't a couple, what if it was just her? If my husband and I conceived together to have a baby for my friend, can we do that? Surely it's up to us isn't it, and the paperwork is a formality? Nobody's going to say "this isn't X's biological child so you can't sign the baby over", or are they? Would she have to be approved for adoption first?

OP posts:
ISmellBabies · 09/10/2019 19:07

To be clear, this is all just totally hypothetical, nobody has actually asked anyone to carry a baby!

OP posts:
ISmellBabies · 09/10/2019 19:21

Thanks praiseyou.
So for anyone curious, if one of the couple is a biological parent, they apply for a parental order and that's that. If they're not biologically a parent, they have to go through the full adoption process - presumably except the part where they're "matched with" a child, as you've done that bit.

OP posts:
itwasalovelydreamwhileitlasted · 09/10/2019 19:22

I think it's more complicated If she is single as there is no man in the picture so your husband would remain the child's legal father maybe??

GlitchStitch · 09/10/2019 19:24

If they're not biologically a parent, they have to go through the full adoption process - presumably except the part where they're "matched with" a child, as you've done that bit.

Can you quote where it says that please? In the UK I don't think you can create a child for the benefit of a specific, unrelated adopter.

GlitchStitch · 09/10/2019 19:25

This states you must have a genetic connection.

www.gov.uk/legal-rights-when-using-surrogates-and-donors/become-the-childs-legal-parent

Teddybear45 · 09/10/2019 19:28

If it wasn’t done through a IVF clinic / appropriate legal channels then your husband would need to support the child if your friend decided to claim legally / CSA. Also, in the UK, the woman giving birth is the legal mother of the child no matter whose eggs are used. So legal paperwork would need to be filed for your friend to get custody. If she or you changed minds for any reason the child would remain with you (the genetic parent might eventually be able to claim custody if their eggs were used but not if yours were). It can get really complicated which is why surrogacy is best handled through an ivf clinic

itwasalovelydreamwhileitlasted · 09/10/2019 19:29

Yes that how I read it too? You and your partner can't conceive a baby together with the express intention of signing it over to the other woman alone? That woman either needs to have used her eggs or your husband remains the legal father and the woman applies for a parental order to become the legal mother

ISmellBabies · 09/10/2019 19:39

Thank you all. It doesn't say that Glitchstitch, I just presumed, but I think pps are right, you can't choose the adopter.

OP posts:
Pookynuts · 17/11/2019 20:26

Hi I’m a surrogate and the female friend must have an genetic link - ie you do ivf with her eggs . Depends on her medical reason too , maybe she could try donor eggs herself If the issue is the embryos. She can do this and be the legal mother.
But she has no rights over the child if you use your eggs and donor sperm / your partners sperm . You cannot apply for a parental order this way so it’s not surrogacy.

You could do it though and she could adopt BUT it’s not guaranteed she would be able to adopt - Private adoption isn’t legal in the uk like this.
She could spend thousands trying to win rights / adopt and a lot of heartache ...

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