Surrogacy

 

One in six couples have some problem with infertility. Most overcome their infertility. With hospital treatment, but for some no amount of medical treatment can help. These are couples where the wife was born without a womb, women who have had hysterectomy for whatever reason, women ho have had multiple miscarriages etc. For these couples and others there is not much hope. Adoption is virtually nil in this country and this is where surrogacy can and does help.

Surrogacy has been around since time began, helping infertile couples fulfill their dream. 'A child to love'. There are two forms of surrogacy, as surrogacy defined in the dictionary means 'a substitute'.

The first (straight surrogacy) is where a surrogate has a child for a couple, where the husband of the couple is the genetic father of that child and the surrogate the genetic mother.

The second is Host Mothering, this is where a surrogate carries the genetic child of both the husband and wife of the couple through IVF/Gift technique. This method needs doctors intervention.

Straight surrogacy is the most common, this is where a surrogate has a child for a childless couple. The surrogate artificially inseminates herself with the commissioning husbands sperm. The couple can, on a private basis, make an agreement where the surrogate is paid for her expenses and for looking after the child whilst in her womb. This is not illegal and a precedent has already been set in this country. Agreements are not binding by law and at any time either one can back out, so basically it is done on trust.

Host surrogacy is ideal where the wife of the couple has no womb, for whatever reason, but her ovaries are working normally. With the IVF/GIFT technique the couple's embryos are transferred into a surrogate.

So the surrogate is only acting as an incubator for the genetic child of the couple. We know that IVF/GIFT technique has a low percentage of pregnancies but we hope that in time this will get better as doctors become more advanced in this field.

The law on surrogacy as it stands: -

Commercial third party involvement is illegal, advertising for a surrogate or vice versa is illegal if done on a commercial basis but on an individual basis this has been done. It is not illegal to pay a surrogate expenses, as the Act is only on commercial surrogacy. The Surrogacy Act' states, in section 2 subsection 2: - 'A person who contravenes subsection one (which is commercial surrogacy) is guilty of an offence'.

In subsection three it states;- 'For the purposes of this section, a person does an act on a commercial basis if (a) any payment is at any time received by himself or another in respect of it. But it also goes on to state in this subsection, "payment" does not include payment to or for the benefit of a surrogate mother or prospective surrogate mother'.

Section 28(2) of the HFEA states that a surrogate's husband is classed as the legal father to the commissioning couple's child.

The Act states.- (2) If, at the time of the placing in her of the embryo or the sperm and eggs or of her insemination, the woman was a party to a marriage, the other party to the marriage shall be treated as the father of the child unless it is shown that he did not consent to the placing in her of the embryo or the sperm and eggs or to her insemination (as the case may be). (3) Where a person is treated as the father of the child by virtue of subsection (2) above, no other person is to be treated as the father of the child.

The positive aspects of surrogacy are that, if they -are lucky enough to find a surrogate and everything goes according to plan they have a child that is either their husband's, or as in host both theirs. We always recommend medical, HIV, Hepatitis 'BI, and Cystic Fibrosis testing.

On the minus side though if the surrogate decides to keep the child she has a perfect right to do so, the law states that she is the legal mother. The couple have to also consider that the child might be stillborn or handicapped either physically or mentally or both, but these risks are there even if you ere to have a child of your own.

In the USA there are several commercial agencies. The fees are around £25,000 to £35,000 plus expenses. Even there though couples and surrogates sign a contract, the contract is not binding. The good thing about the USA is that the surrogate and couple are tested for HIV, have a full medical and are counselled before, during and after surrogacy in some clinics.

We know of four surrogate arrangements that went wrong in Britain out of well over 100 surrogate births. That is a risk of around 2 percent. There are bound to be others that go wrong, no one can foresee either the surrogate keeping the child, the child being born handicapped or stillborn or even the surrogate dying in childbirth. But these are risks childless couples and surrogates are willing to take. At least with careful monitoring by clinics these risks could be minified.

COTS is a voluntary Organisation whose aims are to help, advise and support both infertile couples and surrogates. Triangle is a splinter Organisation of COTS who just couples and surrogates in touch. Both organisations work together.

COTS and Triangle accepts any infertile couple under the age of 45. They must, if they have a womb, have been to an infertility clinic and gone through all their treatment, unless pregnancy is a danger to their health.

All couples and surrogates must be seen by a counsellor before embarking on surrogacy. (COTS has a list of counsellors), once the child is born the surrogate has sole parental rights over the child unless he enters into a Parental Responsibility Agreement with the child's father. This then gives them equal right over the child.

After the child is six weeks old the 'parents I can apply to the court for a Parental Order. Once granted all rights pass to the couple and the surrogate relinquishes her rights. A new birth certificate is then issued with the couple's names on.

Surrogacy is not an easy road to take. one has to think long and hard about it before embarking on the long and hazardous journey. It is a last option, not a first. We only recommend surrogacy when all else has failed.

We hope this has given you an insight into surrogacy.