At Whitehead Monckton, we understand that surrogacy can involve a wide range of legal, medical and practical terminology that may feel unfamiliar at first. This glossary explains some of the most commonly used terms in surrogacy arrangements and fertility treatment, helping intended parents, surrogates and donors better understand the process.
If you would like tailored legal advice about surrogacy arrangements, parental orders or fertility law, please contact our specialist ParentLaw surrogacy solicitors.
A surrogacy arrangement in which neither the woman who becomes the surrogate,
nor any surrogacy agency involved, makes a profit, and the arrangement is not
enforceable as a matter of contract law.
A woman who undergoes a protocol to donate her eggs (gametes, ova, ovum) to another person or couple (see: Recipient) in order for the eggs to be used to create embryos that will belong to the recipient. The donor remains anonymous to the recipient(s) and she is identified by a donor number.
A man who donates his semen (sperm) to another person or couple (see: Recipient) in order for the sperm to be used to create embryos that will belong to the recipient(s). The sperm donor remains anonymous to the recipient(s) and he is identified by a donor number.
During artificial insemination, semen is inserted into the uterus of the intended mother in order to attempt to fertilise an egg.
The use of medical techniques, such as drug therapy, artificial insemination, or in vitro fertilisation, to enhance fertility.
Any procedure that involves manipulation of eggs or sperm to establish pregnancy in treatment of infertility, such as in vitro fertilisation, embryo transfer, egg and sperm donation, or gestational surrogacy.
An individual who contributes genetic material (egg or sperm) to the creation of a child, or the person who carries and gives birth to the child. Can be used to refer to genetic or gestational parentage.
A blastocyst is an embryo that consists of 200 to 300 cells and is ready for embryo transfer and implantation, typically 4 to 6 days after fertilisation.
Also referred to as Gestational Surrogate or Surrogate.
The practice of entering into surrogacy arrangements for profit. This is prohibited in the UK, and advertising surrogacy services is also an offence under the SAA 1985.
A surrogacy agreement between a Gestational Carrier and Intended Parent(s) living in the same country.
A surrogacy arrangement where the surrogate and intended parents are both based in the UK, and where all elements of the process, including pre-conception screening, (assisted) conception, pregnancy and birth take place in the UK.
We use this term in contrast to an international surrogacy arrangement, where all or some of the elements of the process take place outside of the UK
A woman who agrees to undergo a protocol of medication to produce multiple eggs, and who then donates those eggs (gametes, ova) to recipient Intended Parents; the donor is not to have legal rights to the eggs or the resulting embryos or the child if a child is born.
An organism formed by the fertilisation of two gametes. From a medical perspective, an embryo is classified as a foetus after the 8th week after fertilisation of the egg.
The medical process in which a fertilised embryo (See: Blastocyst) is inserted into the uterus of either the Intended Mother or the Gestational Carrier.
Human reproductive cells. Eggs are female gametes and sperm are male gametes.
The Intended Father who is genetically related to the child to be born (aka the Intended Father) who uses his own sperm to create the embryos that will be transferred to a surrogate in the hope of achieving a pregnancy and birth.
The Intended Mother who is genetically related to the child to be born (aka the Intended Mother) who uses her own egg to create the embryos that will be transferred to a surrogate in the hope of achieving a pregnancy and birth.
The Intended Parent(s) genetically related to the child to be born.
(See: Gestational Surrogate) A woman who carries a baby for the Intended Parent(s), another couple or individual who shall become the legal parent(s) of the child to be born (See: Intended Parents). Gestational surrogacy involves the
implantation of the surrogate with an embryo or embryos created in a process known as IVF. These embryos may be formed of the intended mother’s egg and the intended father’s sperm, although donor sperm or a donor egg can be used.
This involves the Intended Mother donating an egg fertilised by the sperm of the Intended Father, with the resulting embryo implanted in the surrogate. The Intended Parents are the genetic parents, but the surrogate remains the legal mother until a parental order is granted.
(See: Gestational Carrier)
Human Fertilisation and Embryology Act 2008. The Act provides for how persons in certain circumstances are to be treated as the parents of a child (and for connected purposes), and under which a Parental Order can be made, including for intended parents of a child born through surrogacy.
In the context of an opposite-sex couple, the World Health Organisation defines
infertility as a disease of the reproductive system defined by the failure to achieve a clinical pregnancy after 12 months or more of regular unprotected sexual intercourse.
In the context of an individual, we use “infertility” to mean a person who is unable to gestate a foetus or unable to provide gametes for the creation of an embryo.
In vitro fertilisation, or IVF, is the process of creating an embryo from an egg and sperm combined outside the body. Once fertilised, the embryo is then transferred into the uterus of either the intended mother or the surrogate.
The man, in surrogacy arrangements, who is intended to become the legal father of the baby to be born to the surrogate.
The woman, in surrogacy arrangements, who is not carrying the baby but who is intended to become the legal mother of the baby to be born to the surrogate.
There are single and coupled Intended Parents, both married and unmarried, straight or gay. Intended parents in a surrogacy arrangement are the individuals who, prior to conception, intend for a child born through surrogacy to be raised by them. In some cases, they are genetically related to the child and in some cases, they may not be genetically related. But whether or not there is a genetic connection to the child carried by the Gestational Carrier, the Intended Parent or Intended Parents are to become the legal and custodial parents.
A surrogacy agreement between a domestic Gestation Carrier and international Intended Parent(s). Also, there are surrogacy programs in other countries that do not follow the ethical guidelines practiced in the United States
A woman who is known to the recipient Intended Parent(s) and who goes through a medical protocol for egg retrieval and donates the retrieved eggs to recipient Intended Parent(s) who then use the eggs to create embryos.
A man who is known to the recipient Intended Parent(s) and who donates his sperm to recipient Intended Parent(s) who then use the sperm to create embryos.
A person or persons being recognised by law as being the parents of a child.
A firm or agency (or surrogacy program) that is retained for the purpose of finding a suitable Gestational Carrier, and for supervising and monitoring the surrogacy arrangement. Services, competency, and skills vary widely from agency to agency.
The individual or couple who receives donated gametes: eggs, sperm and/or embryos.
A term which focuses on the factual question of who shares a biological – genetic – relationship with a child.
A legal order that transfers parental rights from the surrogate to the commissioning party. It is declaratory in nature and ensures the commissioning party is recognised as the legal parent(s) of the child. Parental orders are governed by the HFEA 2008 and require specific conditions to be met, such as the surrogate's consent and the use of at least one gamete from the commissioning party.
Parental Orders are obtained from a Court under sections 54 or 54A of HFEA 2008
which transfers legal parenthood from the surrogate (and in some cases her spouse or civil partner) to the intended parents, and extinguishes the legal parenthood of the
surrogate and her spouse or civil partner, if any.
The rights, duties, responsibilities, and decisions you make every day in respect of your children.
These concepts include things such as bringing up the child, having contact with the child, consenting to the child’s medical treatment and naming the child.
The legal parents of a child usually have parental responsibility / parental responsibilities and parental rights by virtue of that status, but parental responsibility / parental responsibilities and parental rights can also be conferred on people who are not the legal parents.
A Court order that, in some countries, in relation to surrogacy, is made before the birth of the child. It ensures the Intended Parents are deemed by the law to be the child’s parents from the moment of birth.
In order made by a Court after the birth of the child, such as the UK’s current system of Parental Orders. This Order will transfer the legal parenthood of the surrogate (and her spouse or civil partner) to the intended parents, extinguish the legal parenthood of the surrogate (and her spouse or civil partner), and allow a new birth certificate to be issued for the child containing the Intended Parents’ names.
Payments made to the surrogate to cover costs related to the pregnancy, such as medical expenses or loss of earnings. While reasonable expenses are permitted, payments exceeding this may require Court approval during the parental order process.
Surrogacy Arrangements Act 1985
In the context of UK law, a "second parent" in a surrogacy arrangement refers to the person who is legally recognised as the child's other parent alongside the birth mother (the surrogate) at the time of birth. This will be the surrogate’s spouse or civil partner.
A medical procedure in which one or more foetuses in a multiple pregnancy are terminated, typically occurring between 10-12 weeks of pregnancy via a minimally invasive procedure. The procedure may be recommended to increase the chances of one or two of the foetuses surviving the pregnancy. Pregnancies with multiples increases risk of premature birth and health concerns for both the children and the carrier.
Sperm donation involves obtaining semen from a donor that is then used to fertilise eggs from an egg donor or the egg of the intended mother.
A man who donates his sperm to another individual or couple so that the individual may use the sperm to create an embryo or to achieve a pregnancy. The donor is not to have legal rights to the embryos or the child born as a result of the utilized sperm.
In gestational surrogacy, in vitro fertilisation is used to transfer the embryo into the surrogate’s uterus. In gestational surrogacy, unlike in traditional surrogacy, the surrogate is not the genetic mother. In traditional surrogacy, the surrogate’s egg is fertilised by artificial insemination.
An agreement where a woman agrees to carry a child for another person or couple, intending to hand over the child at birth. Such arrangements are regulated under the Surrogacy Arrangements Act 1985 (SAA 1985) and the Human Fertilisation and Embryology Act 2008 (HFEA 2008). These arrangements are not enforceable by law, and commercial surrogacy is prohibited in the UK.
A written agreement between the surrogate and the intended parents regarding their intention to enter into a surrogacy arrangement, and the terms upon which they agree.
Depending on which country’s law applies, these surrogacy agreements or contracts may, or may not be, legally enforceable.
(See: Matching Agency)
A firm, company or agency that recruits Gestational Carriers and matches them with Intended Parent(s).
(See: Gestational Carrier; Gestational Surrogate) A woman who carries a baby and gives birth to a baby for a couple who are the Intended Parents or an individual who is the Intended Parent. The term Surrogate Mother applies to the woman carrying the baby whether or not she is genetically related to the baby. In Traditional Surrogacy circumstances, the term Surrogate Mother is more commonly used. In Gestational Surrogacy, the terms Gestational Carrier or Gestational Surrogate are more commonly used.
In a traditional surrogacy, the surrogate's own egg is fertilised via artificial insemination, and the surrogate is both the carrier and the biological mother. Consequently, there is a much greater legal risk involved for Intended Parents in traditional surrogacy cases.
Another term for traditional surrogacy which is when the surrogate is carrying a baby conceived using her own egg.
