Cross-border and domestic surrogacy in the UK context: an exploration of practical and legal decision-making

Jadva, Vasanti; Prosser, Helen; Gamble, Natalie

doi:10.1080/14647273.2018.1540801

Cited by 27 publications

(27 citation statements)

References 24 publications

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“…It is no longer possible for foreigners to access surrogacy in India and Thailand; however, other countries that follow similar models of surrogacy (i.e., clinic-mediated contact) and where language differences exist are also likely to result in distant relationships with the surrogate. Indeed, data from the larger study from which this sample is drawn found that intending parents were considering surrogacy in countries such as Georgia and Ukraine, where they may also face similar communication difficulties with the surrogate (16). Lack of contact might lead to stronger relationships within the family unit because the involvement of the surrogate would not interfere in parent–child relationships (17); however, it is also possible that the child might be curious about their surrogate or want to meet her in the future (18), which would be particularly difficult in cases in which the surrogate was anonymous to the parents.…”

Section: Discussionmentioning

confidence: 99%

Parents' relationship with their surrogate in cross-border and domestic surrogacy arrangements: comparisons by sexual orientation and location

Jadva

Gamble²,

Prosser³

et al. 2019

Fertility and Sterility

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Objective To study heterosexual and gay couples' relationship with their surrogate and their disclosure decisions when the surrogacy arrangement was completed domestically compared with internationally. Design Cross-sectional study. Setting Not applicable. Patient(s) Participants were 40 gay couples and 76 heterosexual couples who had domestic surrogacy in the United Kingdom (UK) (n = 38) or international surrogacy in the United States (n = 58) or Asia (20). Most (75%) of the children were aged <4 years. Intervention(s) Online surveys containing open-ended and multiple-choice questions. Main Outcome Measure(s) Experiences of finding a surrogate, relationship with the surrogate, and disclosure to the child were examined among UK parents who had undergone surrogacy in the UK, United States, or India/Thailand. Result(s) Parents who had surrogacy in the UK and United States felt very involved in the pregnancy compared with those who had surrogacy in Asia. Couples whose surrogacy was completed in Asia were less likely to want contact with their surrogate after the birth and were also less likely to have any current contact with the surrogate. Parents who had surrogacy in the UK and United States described positive relationships with their surrogate. Gay couples intended to tell their child about surrogacy more than heterosexual couples. Conclusion(s) The specific country where couples conducted their surrogacy arrangement (i.e. United States, UK, or Thailand/India) was associated with how involved they were in the pregnancy and their contact with the surrogate over time. Limitations of the study include use of survey methodology and that the representativeness of the sample is not known.

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Section: Discussionmentioning

confidence: 99%

Parents' relationship with their surrogate in cross-border and domestic surrogacy arrangements: comparisons by sexual orientation and location

Jadva

Gamble²,

Prosser³

et al. 2019

Fertility and Sterility

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“…Although a small number of gay father families have been created through surrogacy, with 82 gay couples granted legal parenthood in the United Kingdom in 2016 (Jadva, Prosser, & Gamble, 2018), and children in these families function well (Carone et al., 2018; Golombok et al., 2017), many planned gay father families have been formed through adoption (Brodzinsky & Pertman, 2011). The first systematic study of adoptive gay father families was carried out by Farr, Forssell, and Patterson, (2010a, 2010b) in the United States.…”

Section: Adoption By Same‐sex Parentsmentioning

confidence: 99%

Adoptive Gay Father Families: A Longitudinal Study of Children’s Adjustment at Early Adolescence

et al. 2020

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Findings are presented from the second phase of a UK longitudinal study of 33 gay father, 35 lesbian mother, and 43 heterosexual parent families when their adopted children reached early adolescence. Participants predominantly lived in urban/suburban areas and were mostly white and well-educated. Standardized interviews, observations, and questionnaires of parental mental health, parent-child relationships, and adolescent adjustment were administered to parents, children, and teachers between 2016 and 2018. There were few differences between family types. However, adjustment problems had increased in all family types, with better parenting quality and parental mental health associated with fewer adjustment problems. The findings contribute to adoption policy and practice, and to theoretical understanding of the role of parental gender in child development. Anja L. McConnachie and Nadia Ayed joint first authorship. We gratefully acknowledge the children and parents who participated in the study.

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“…35,37 This increase has been attributed to less restrictive, or clearer, regulations abroad, in addition to the difficulty of finding a surrogate domestically, especially when payment is limited or prohibited. 39,40 However, utilising international surrogates does not bypass UK surrogacy legislation. Not only may issues surrounding the child's legal recognition complicate attempts by the intended parents to travel home, but they are still required to apply for a parental order upon their return to the UK to become the child's legal parents.…”

Section: Surrogacymentioning

confidence: 99%

“…However, the costs associated with surrogacy vary dramatically internationally; in the USA, the median associated cost was found to be £120,000. 39 When considering the long-term outcomes in children born to surrogates, a recent systematic review revealed similar perinatal outcomes to IVF with oocyte donation. 37 Moreover, there are no major differences in psychological development compared with children born to nonsurrogates.…”

Section: Surrogacymentioning

confidence: 99%

“…Acquires social and legal parenthood Provides opportunity to enhance the life of a less fortunate child, with subsequent better psychological outcomes, especially if adopted earlier [19][20][21] Generally positive outcomes; three-quarters of adoptive parents report adoption had a positive effect on family 25,26 Lengthy process involving extensive formal evaluation 22 Potential for increased anxiety if not able to bond with child 23,24 Challenging process: approximately 1 in 10 adoptions report breaking down and one-quarter report finding it difficult 28 Risk of disruption to current family unit Surrogacy Allows biological relation to child Following successful completion of parental order, legal parenthood is obtained Excellent perinatal and long-term psychological outcomes in children, comparable to oocyte donation 37,45 Excellent outcomes for intended parents, with similar psychological outcomes compared with natural conception 37 More than one child can be attained, if relationship with surrogate remains positive, with the possibility of a second sibling Ethical/cultural/religious barriers Legal prohibitions in many countries curtail availability 34 In the UK, the surrogate is legally recognised as the mother at birth despite origin of the gametes and contractual agreements Small transient risk of surrogate finding relinquishing care difficult 46 Increased anxiety for intended parents: potential for surrogate not transferring parental rights after birth of child High costs: UK £25,000; USA £120,000 39 Uterine transplant Restores reproductive function, enabling the woman to experience gestation and childbirth Allows biological relation to child Automatically considered legal parents Widely accepted across the main cultural/religious groups More than one child can be attained with the possibility of a second pregnancy…”

Section: Adoptionmentioning

confidence: 99%

See 1 more Smart Citation

Options for acquiring motherhood in absolute uterine factor infertility; adoption, surrogacy and uterine transplantation

Jones

Ranaei-Zamani

Vali

et al. 2021

The Obstetric & Gynaecologis

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Following the diagnosis of absolute uterine factor infertility (AUFI), women may experience considerable psychological harm as a result of a loss of reproductive function and the realisation of permanent and irreversible infertility. Adoption enables women with AUFI, and their partners, to experience social and legal parenthood, also often providing benefits for the adopted child. Surrogacy offers the opportunity to have genetically related offspring. Outcomes are generally positive in both surrogates and the children born as a result. Uterine transplantation is the only option to restore reproductive anatomy and functionality. While associated with considerable risk, it allows the experience of gestation and the achievement of biological, social and legal parenthood. Learning objectivesTo gain an understanding of the routes to parenthood available for women with AUFI experiencing involuntary childlessness, such as adoption, surrogacy and, most recently, uterine transplantation To consider a suggested management plan to facilitate counselling in women with AUFI who experience involuntary childlessness. Ethical issuesIn the UK, while the number of children requiring adoption continues to increase, the number being adopted from care is decreasing. Some cultures may hold ethical or religious beliefs that surrogacy is unacceptable, and its legal position in many jurisdictions is problematic. Restrictive selection criteria and high costs may limit future availability of uterine transplantation

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Cross-border and domestic surrogacy in the UK context: an exploration of practical and legal decision-making

Cited by 27 publications

References 24 publications

Parents' relationship with their surrogate in cross-border and domestic surrogacy arrangements: comparisons by sexual orientation and location

Parents' relationship with their surrogate in cross-border and domestic surrogacy arrangements: comparisons by sexual orientation and location

Adoptive Gay Father Families: A Longitudinal Study of Children’s Adjustment at Early Adolescence

Options for acquiring motherhood in absolute uterine factor infertility; adoption, surrogacy and uterine transplantation

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