Following on from our last article on surrogacy, our fourth article is going to focus in more depth as to why the USA may be the most suitable option to consider, if surrogacy is the chosen method of parentage for you.

CREDIT: © londondeposit Depositphotos
CREDIT: © londondeposit Depositphotos

You have the made the decision to use a surrogate to bring your child into the world, but are you struggling to find the right surrogate to carry your unborn child? You are desperate to identify a surrogate and to start the process, but what happens if you have exhausted all options in the UK, whether it be through family or friends and you have since run aground in your search for a suitable surrogate?

Many couple’s search to find the right surrogate, if not any surrogate at all, can be a daunting and difficult task. Expectant parents feel unsupported by the State, due to the prohibition on advertising surrogacy which makes the search for many, near enough impossible.

However it may not be all bad news, as many couples from around the world who are unable to have their own children are turning to the USA as the ideal place to find a surrogate to carry their child. This is because the USA has lenient laws towards surrogacy and the legislative framework in the USA provides a supportive environment for those who wish to use a surrogate.

With approximately 1,400 babies born via surrogacy in the USA every year, the USA is becoming an increasingly inviting location to source surrogates and is providing many UK couples with a real opportunity to start their own family.

In the absence of these couples being supported in the UK, many couples feel they have no other option than to head to the USA like Illinois, Massachusetts and California, where relaxed laws allow expectant parents to find their ideal surrogate.

The associated financial burden for couples opting for a USA surrogate can be significant, however a detailed procedure is put in place for those who wish to become a surrogate and for those who wish to become parents, and these steps can differ from state to state. By way of example, the laws in Illinois require that potential surrogates undergo medical and psychological testing at the beginning of the process. Additionally, the law requires that surrogates be 21 years of age or older, have health insurance and previously have given birth.

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Whilst it can be expensive for a couple to use a USA surrogate, there are obvious benefits in having a well drafted and supported framework in place in which searching couples can realise their goals in creating and expanding their family unit. It appears the UK has a long way to go on their journey to provide equal support and rights for surrogate families, but we remain hopeful that these inequalities will be put right in the foreseeable future.

If you would like to discuss these issues in further details and are thinking about choosing a surrogate, please contact us on 0208 252 7373 and a solicitor in our family team would be happy to discuss the matter with you.

Our next article will focus on the procedure for bringing your new born child home to the UK.

 

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