Safe and regulated surrogacy at an HFEA-licensed fertility clinic

Surrogacy in the UK is an increasingly viable route to parenthood for those who may need the assistance of a surrogate to help them start or grow their families. The Human Fertilisation and Embryology Authority (HFEA) licensed fertility clinics support this path by providing medical expertise, ongoing support and regulatory oversight. Unlike in some countries, UK surrogacy operates within a legal framework that prioritises the welfare of all parties, ensuring an ethical and structured journey to parenthood.

Altruistic Surrogacy in the UK

In the UK, only altruistic surrogacy is permitted, meaning that surrogates cannot receive payment beyond reasonable expenses incurred as part of the pregnancy. This model helps to ensure that surrogacy remains a relationship built on trust and mutual agreement rather than financial incentives. While the definition of reasonable expenses can vary, it typically includes costs such as maternity clothing, travel for medical appointments, and loss of earnings. Fertility clinic staff will discuss altruistic surrogacy at the very first consultation to ensure that all parties are aware of the legal requirements of surrogacy in the UK.

The Role of HFEA-Licensed Fertility Clinics

An HFEA-licensed fertility clinic plays a crucial role in the medical and regulatory aspects of a surrogacy journey. The HFEA governs clinics, ensuring that we adhere to strict standards of practice.

Surrogacy arrangements are managed through a multidisciplinary team (MDT) approach within clinics, bringing together fertility specialists, nurses, counsellors, support staff, and embryologists. This collaborative approach ensures that all aspects of the surrogacy journey – medical, legal, emotional, and ethical – are carefully considered and managed in the best interests of the surrogate, the intended parents and their families.

The journey typically begins with a consultation where the clinic provides guidance on the medical and legal considerations of surrogacy. Both the surrogate and the intended parents undergo thorough medical screening to assess suitability. In addition, we provide mandatory implications counselling to all parties and offer support counselling via our British Infertility Counselling Association (BICA)-accredited counselling colleagues throughout the treatment and beyond. This safeguards the well-being of all involved, ensuring that surrogacy is entered into with full understanding and consent.

Implications Counselling and Informed Consent

An essential requirement of UK surrogacy arrangements that take place through an HFEA-licensed clinic is mandatory implications counselling for all parties involved. This counselling, conducted by BICA-accredited professionals, provides a safe space to explore the emotional, psychological, and ethical aspects of surrogacy. It ensures that intended parents and surrogates fully understand the complexities of the journey, including legal responsibilities, emotional challenges, and the rights of all individuals involved.

Licensed clinics ensure that plenty of time is provided for all parties to reflect on the decision, ask questions, and reach informed consent before proceeding. This is in line with HFEA regulatory requirements, which emphasise the importance of informed choice and readiness. By facilitating comprehensive discussions, counselling helps prevent misunderstandings and ensures that surrogacy is approached with clarity and confidence.

There are a number of appointments, provided by members of the MDT that take place with the surrogate and intended parents, both individually and as a team, where information is provided about the surrogacy process, the time frames, legal parenthood and parental responsibility, withdrawal of consent and the treatment pathway so that each person has full awareness and understanding and has the opportunity to ask questions, consider their decisions and be fully informed about all aspects of the journey they are about to embark on.

Creating and Transferring the Embryo

Once informed consent, screening and timeframes are complete, the clinic facilitates the creation of embryos. This usually involves IVF, using the gametes of the intended parents or donors. In most cases of surrogacy through UK clinics, the surrogate does not typically have a genetic connection to the baby, as gestational surrogacy is the preferred route in UK clinics. However, at least one intended parent does need to have a genetic link to the baby in order for them to obtain a parental order and become the legal parents of their child after the birth.

The embryo is then transferred to the surrogate's uterus in a carefully timed procedure. Fertility clinics and the MDT will provide ongoing medical support to monitor the surrogate's health and the pregnancy's progression, and ongoing emotional support to all, ensuring a safe and positive experience.

The Legal Framework

It is essential to note that surrogacy agreements are not legally binding in the UK. Parental responsibility remains with the surrogate until a parental order is granted by the family court post-birth. UK clinics work closely with legal professionals to ensure that intended parents are aware of their legal responsibilities and the post-birth process. Again, these discussions take place throughout the process and before any treatment has taken place to ensure everyone understands.

For further information on surrogacy regulations in the UK, visit the HFEA guide on surrogacy.

Emotional and Ethical Considerations

Surrogacy is an emotionally complex journey, and UK clinics emphasise the importance of support for both intended parents and surrogates. Many clinics offer counselling services to help manage expectations, navigate challenges, and ensure informed decision-making throughout the process.

The UK's approach to surrogacy, regulated through licensed clinics, offers a safe, ethical, and transparent route to parenthood. By combining medical expertise with emotional and legal support, we help intended parents and surrogates embark on a journey built on trust, respect, and the shared goal of creating families.

---

The past, present and future of surrogacy law will be discussed at the free-to-attend online event 40 Years of the Surrogacy Arrangements Act: What Next for Surrogacy?, taking place on Wednesday 16 July 2025.

Find out more and register here.