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Surrogacy Payments and Altruistic Surrogacy

How much do surrogates get paid?

Different countries have different surrogacy laws.  For example, in the UK, making a commercial surrogacy arrangement is a criminal offence whereas in some other countries it is legal to do so.

Under UK law, payments to the surrogate are limited to ‘reasonable’ expenses (which includes living expenses, medical bills and compensation for time off work).  If the court considers more than reasonable expenses have been made, it needs to authorise those before making a parental order.  This is different to some other countries which do not restrict payment of expenses to those that are ‘reasonable’.

It is a good idea for the surrogate and the intended parent(s) to agree details of expenses before proceeding with the surrogacy arrangement.

What is meant by ‘Altruistic Surrogacy’?

Commercial surrogacy, as explained above, involves payment from the intended parent(s) to the surrogate.

Altruistic surrogacy is where the surrogate does not receive payment.  Often the surrogate and the intended parents are family members or close friends.

Whilst a surrogacy agreement cannot be enforced under English law, whatever the arrangement it is a good idea for all parties to record how they want the arrangements to work.

The Guardian published this piece about surrogacy between friends: https://www.theguardian.com/lifeandstyle/2020/jan/18/babysitting-embryo-carry-child-for-friend-surrogacy

If you would like more information about surrogacy and the law in England and Wales, contact one of our surrogacy specialists, Joanna Kay or Claire Wood.

Email Joanna, or contact our Hampstead office on 020 3925 4809.

Email Claire, or contact our St Albans office on 01727 734260.

Need Help And Advice?

If you require assistance with any aspect of Family Law, please contact us on 01727 734260.

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