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Assisted Reproduction

FCO Alert: Before Considering International Surrogacy, Do Your Research

I have copied below a recommendation issued by the Foreign and Commonwealth Office out of the United Kingdom. I could not agree more with the FCO’s advice.

In fact, given the current climate and unfortunate (and quite illicit) activities currently taking place globally, I implore anyone considering working with a reproductive tourism facility or agency to speak to their attorney before engaging any such entity.

Carl Sagan famously wrote, “the absence of evidence is not the evidence of absence.” So while there has been very little news on recent scandals in this industry, it should not be interpreted as a positive sign that this industry has its house in order. It does not and every day, sadly, brings even more victims of unscrupulous and unethical operators whose absence of any moral compass permits them to scam the life savings of people who want nothing more than to be parents. So please speak to a trusted and independent attorney before depositing any money with an agency or reproductive tourism facility.

From the FCO:

The Foreign and Commonwealth Office (FCO) is today encouraging prospective parents to seek professional legal advice before entering into surrogacy arrangements abroad. British Embassies and High Commissions are dealing with an increasing number of people who are choosing international surrogacy as an alternative route to parenthood, with more and more parents heading to the US, India, Ukraine and Georgia to enter into surrogacy arrangements.

The FCO has launched new guidance to give these parents information about the process, to help inform them of the sort of issues they may face when embarking on a surrogacy arrangement in a foreign country. The new guidance urges prospective parents to ensure they are fully aware of the facts and are well prepared before starting what can be a long and complex process.

Daisy Organ, Children’s Policy Advisor at the FCO said:

Many couples are choosing to enter into surrogacy arrangements overseas to build and grow their family. The legal processes around international surrogacy are complicated and the procedure for getting passports and confirming nationality for the child can be complex and take a long time. We want to help inform prospective parents about what to expect right from the outset – so that they are prepared, get the right advice and they don’t run into unexpected difficulties.

Anne-Marie Hutchinson, Co-Chair of the IAML Surrogacy and ARTS Committee and Founder of The International Surrogacy Forum, commented:

I cannot emphasise strongly enough how important it is that prospective parents seek legal advice before beginning the international surrogacy process. Every country has different laws and the intricate legal requirements can be very difficult to navigate. For example, there are different processes for obtaining British nationality for your surrogate child depending on whether the surrogate mother is married or single. It is also important for parents to be aware that they need to apply for a parental order once back in the UK, and that there is only a short, fixed period in which you can apply for this.

In particular, the FCO is urging prospective parents to be aware that:

the process for getting your child back to the UK can be complicated, can take several months to complete and may vary depending on whether the surrogate mother is married

UK travel documents can take up to 6 months to process – check HM Passport Office’s passport tool to find out details for the country where your surrogacy arrangement will take place

there are often foreign visa requirements for individuals travelling for surrogacy

surrogacy is only legal in a small number of countries – in some countries surrogacy may only be legal for opposite sex couples who have been married for some time

as well as getting a passport for your child, you will also need to apply for a parental order in the UK to transfer legal rights from the surrogate mother to you and your partner

it’s vital that you research prospective surrogacy clinics and hospitals thoroughly to ensure you are dealing with a safe, responsible and reputable organisation


2 comments for “FCO Alert: Before Considering International Surrogacy, Do Your Research”

  • M Rhyannon Morrigan

    While I believe that international surrogacy can be done ethically, I think it is absolutely critical that people understand the risks completely. My husband and I made the mistake of believing that because we were working with a US company that had been featured in the media repeatedly that we were afforded some degree of protection. That was a very expensive and emotionally devastating mistake. Many of the couples who were also victimized by this company had legal counsel prior to making the choice. Unfortunately, international surrogacy isn’t something that a lot of attorneys have much experience with.

    • Magg

      Important to notice that people should be careful choosing a clinic. I had read a lot info before making choice. Signing the agreement, you should trust clinic. I even cannot recommend you to contact agency. I contacted clinic directly, because there are so many scammers around. Monitor all information, clinic should be reliable. I was in clinic in Ukraine, which took responsibilities for everything from transportation to child registration. Maybe conditions were not so comfortable, but medical service and paper work, I mean child registration, was on a high level.

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