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Assisted Reproductive Technology In The United Kingdom 

United Kingdom

Generally speaking, surrogacy is legal in the United Kingdom.  This form of ART is limited to citizens of the UK..  Citizen or not, the criminalization of advertising for ART participants will hamper any attempt at finding a match.

United Kingdom law does not recognize any contractual rights within a surrogacy arrangement.  Thus, a breach of contract  may expose the non-breaching party to an economic loss.  As surrogates may not be paid more than the costs incurred as a result of the pregnancy, the economic loss would be capped at the total of all costs incurred. 

The lack of contractual rights will also hamper an Intended Parent's attempt to have her, his or their names on the birth certificate.  The United Kingdom approaches the issue of parental status from a “best interest of the child” perspective.  Thus, there is no guarantee that the Surrogates name will be removed from the birth certificate.    And, as any such attempt can occur no earlier than six weeks from the date of birth, there is a potential for the surrogate to become attached to the child and object to her maternal rights being terminated.

 

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