Counselling through the surrogacy process

What is Surrogacy?  

Surrogacy is when a woman carries and gives birth to a child for individuals who, for a multitude of reasons, cannot conceive or carry a child themselves – those individuals are known as the ‘intended parents’. It involves the artificial insemination of sperm/embryo into the surrogate, which will contain gametes (sperm or egg) from either one or both of the intended parents.  

Where the embryo is created without the surrogate’s own eggs, meaning she has no biological connection to the embryo, this is known are ‘gestational surrogacy’.  

If the surrogate’s eggs are used, this is referred to as ‘traditional surrogacy’.  

Counselling 

Creating a family via non-traditional methods can cause a range of complex legal and emotional issues. In England and Wales, surrogates are strongly encouraged to have some form of counselling, and it is often a requirement by fertility clinics to help surrogates (and intended parents) navigate this journey.  

This counselling helps to ensure that all parties have fully explored the implications of having a child conceived through surrogacy and identifies any particular support needs that may arise during the surrogacy process, and afterwards.  

New research from ICES, McGill University, and the Research Institute of the McGill University Health Centre suggests that surrogates appear more likely to be diagnosed with a new mental illness during and after pregnancy.   

At present, the focus is predominantly on the period before insemination or implantation of an embryo and the new research demonstrates the importance of counselling during pregnancy and thereafter – which may assist in reducing the likelihood of mental illness occurring. 

Final Note  

Our family team has extensive experience helping parents who are building their families through surrogacy in the UK, or overseas. Our legal experts can support you and provide specialist legal advice throughout the process.