Surrogacy: a factsheet
A statement from the HFEA.
Clare Ettinghausen, Director of Strategy and Corporate Affairs, said:
“The HFEA has a limited role in surrogacy arrangements, overseeing only how clinics deliver the fertility treatment patient pathway and consents where surrogacy takes place in a licensed UK clinic. We have no remit in relation to regulating surrogacy arrangements that take place outside the UK.
“The laws around surrogacy in the UK are complicated, and we would always recommend anyone considering surrogacy to ensure they have a clear understanding of what is required for parenthood to lawfully transfer to intended parents, and to seek specialist legal advice before beginning the process.
“These FAQs provide accurate and impartial information for anyone considering becoming a surrogate, intended parents, or who wants to find out more about surrogacy. We always urge people to do their research when it comes to fertility treatment.”
Surrogacy in general
Surrogacy in UK licensed clinics has seen a gradual increase over the last decade, but still only accounts for a very small percentage (0.4%) of all IVF treatments in the UK.
Surrogacy is an option for a variety of reasons, including where there is a medical condition that makes it dangerous or impossible for someone to get pregnant as well as for male same-sex couples or single people.
There are two types of surrogacy:
- Full surrogacy (also known as host or gestational surrogacy): When the eggs of the intended mother or a donor are used. This is the most common form of surrogacy in the UK.
- Partial surrogacy (also known as straight or traditional surrogacy): When the surrogate’s egg fertilised with the sperm of the intended father.
Surrogacy involves a lot of complicated legal issues, which is why it’s crucial to make sure you have all the facts and seek independent legal advice before starting the surrogacy process – more information on this can be found in question 7.
1. What does the data say?
0.4% of all IVF treatments in the UK in 2022 were cycles with surrogacy, with the number of people being surrogates increasing around from 130 in 2012 to 230 in 2022.
Opposite-sex couples made up at least 39% of surrogacy cycles, with “other family types” making up the other 61%. Based on previously published data, the majority of the “other family type” category will likely be male same-sex couples, although it will also contain a small number of female same-sex couples and single intended parents.
Multiple birth rates across the UK reached a record low of 4% in 2022, with surrogacy patients seeing the largest decrease from 14% in 2013-2017 to 5% in 2018-2022. Multiple birth rates were similar across family types at around 5-6% in 2018-2022. For further information regarding multiple births, please see our Fertility treatment 2022: preliminary trends and figures report.
For more detailed information, please visit the HFEA dashboard.
2. How old are surrogates in the UK?
Our 2022 report found that the average age at first IVF treatment for surrogates is about 34 years old. This is slightly younger than the overall average age of IVF patients in the same year, which is 35 years old.
3. How many people choose to be a surrogate more than once?
Although it’s difficult to give an exact figure, we know about a third of people who gave birth as surrogates for the first time in 2011-2015 had treatment again as surrogates before 2022.
4. Do surrogates get paid?
The HFEA has no remit or oversight over this area of surrogacy.
You cannot pay a surrogate in the UK except for their reasonable expenses, such as maternity clothes, travel expenses and loss of earnings. Expenses vary. According to a report by Surrogacy UK, surrogates are typically reimbursed £10,000-£15,000, although this will depend on individual circumstances.
Paying anything more than reasonable expenses must be authorised by the family court before a parental order can be made.
Costs for clinic treatment will also be required and vary depending on clinic and treatments used.
5. What if I see advertising for surrogates that concerns me?
It is illegal to advertise for, or as, a surrogate under the Surrogacy Arrangements Act 1985.
6. What about the risks of treatment?
Fertility treatments are generally very safe. However, there are some risks of IVF to be aware of, such as:
- Having a multiple pregnancy or birth (e.g. twins, triplets or more): However, multiple birth rates across the UK reached an all-time low of 4% in 2022.
- Ovarian hyperstimulation syndrome (OHSS, a severe reaction to fertility drugs): Severe or critical cases occurred in less than 0.1% of fertility treatment cycles in 2023/2024.
- Having an ectopic pregnancy: When a fertilised egg implants itself outside of the womb, usually in one of the fallopian tubes.
- There’s also a risk of transferring infectious diseases to the surrogate, so the egg and sperm providers must be screened before treatment can begin.
It’s a legal requirement that clinics provide appropriate information about the process, outcomes, and potential risks to anyone involved in fertility treatment to ensure they’re able to make informed decisions when it comes to the consent they provide.
For more information about the risks of fertility treatment, please visit our website.
7. What do I need to know?
Aside from the medical risks of fertility treatment, it’s important that both the surrogate (and any partner they may have) and intended parent(s) fully understand the legal elements of the surrogacy process.
Under the Human Fertilisation and Embryology (HFE) Act, the person who gives birth to the child (in these cases, the surrogate) is the legal mother when the child is born and has parental responsibility until a parental order has been put in place. A parental order makes the intended parent(s) the legal parent(s) with parental responsibility and permanently removes the surrogate’s legal motherhood .
The HFEA’s Code of Practice states that clinics should ensure everyone involved in surrogacy arrangements receives information about legal parenthood as well as any other relevant legislation. However, surrogacy is a complex area so it’s crucial to also seek independent legal advice at the earliest opportunity.
8. What support is available?
Our Code of Practice states that clinics should give all those involved in a surrogacy arrangement a suitable opportunity to receive proper counselling about the implications of the steps they are considering . This should be undertaken individually as well as together.
The discussion of implications should address potential risks and implications of surrogacy, including, but not limited to:
- risks to the surrogate’s physical and mental health
- legal implications, practical and financial matters
- the risk of the intended parent(s) not wanting to parent any child born and/or not wishing to make a parental order application after a child is born
- the potential emotional impact on the surrogate and the surrogate’s partner and/or family.
- The discussion of implications should allow full opportunity for the surrogate (and her partner, where applicable) to ask questions and discuss any concerns.
Before consent is given, the clinic should be completely satisfied that all parties fully understand the aspects of the arrangement and that they’re entering into it freely and voluntarily.
Links to further information on the HFEA website
Fertility treatment 2022: preliminary trends and figures report
Review date: 10 December 2026
