Having a child for someone else as a surrogate
A surrogate is someone who has a baby for someone else. You can do this for someone you know or you can match with someone through a surrogacy organisation.
You should never feel pressured or forced into being a surrogate. Call the police on 101 if you think you or someone you know is being pressured into surrogacy. Call 999 if it’s an emergency.
It’s against the law to advertise that someone is, or might be, willing to be a surrogate.
Legal advice for surrogates
You should get independent legal advice if you’re planning to become a surrogate. A solicitor can help you through each stage of the process and make sure your rights are protected.
You should not use the same solicitor or law firm that the child’s intended parents use.
Find a solicitor on the Law Society of Scotland.
The surrogacy process
There are several steps to having a child as a surrogate for someone else.
Attend counselling
You can attend regular counselling sessions throughout the surrogacy process.
The British Infertility Counselling Association (BICA) provides counselling if you’re having a child for someone else.
You do not need to pay for this if your IVF with surrogacy treatment is provided by the NHS.
Find a counsellor with the BICA.
Make a surrogacy agreement
You can make a surrogacy agreement with the intended parents. It can help you and the intended parents agree on how you want the surrogacy to work. It can include things like:
- pregnancy arrangements – for example, how much involvement the intended parents will have with attending appointments
- birth arrangements
- how you’ll handle things that might go wrong – for example, pregnancy loss or decisions to terminate the pregnancy
- whether you’ll have a relationship with the intended parents after the child is born
- how much information the intended parents will give their child about how they were born
Your solicitor and surrogacy organisation can help you to create a surrogacy agreement.
A surrogacy agreement is not a legally binding document.
Giving up your parental responsibilities and rights
When the child is born, you’ll be the child’s legal parent. If you’re married or in a civil partnership, your spouse or civil partner will be the child’s other legal parent.
The intended parents will need to ask a court to make a parental order so they can become the child’s legal parent. They need to apply for the parental order within 6 months of the child being born.
You’ll need to agree to the order for it to be accepted. You can only do this 6 weeks after the child’s birth.
Your solicitor can help you through the process of giving up your parental responsibilities and rights.
Payment for being a surrogate
The intended parents may pay you for any reasonable expenses for being a surrogate. This includes things like:
- travel costs
- treatment costs
- maternity clothes
- childcare costs if you have children
- loss of earnings
It’s illegal to be paid as a surrogate for anything other than reasonable expenses.
Taking time off work
You’ll be eligible for maternity pay and leave when you have a child as a surrogate.
Find out more about adoption, paternity and parental pay and leave.