New guidance for Islanders considering surrogacy

NEW guidance for prospective parents considering surrogacy in Jersey has been published.

Published at the end of last week, the government document – entitled Jersey Surrogacy Guidance – offers “general guidance” on surrogacy arrangements.

It comes after law changes last year introduced new ways for parents to acquire legal status and parental responsibility, primarily for children born through surrogacy or assisted fertility treatments.

Key amendments include creating a Jersey parental order for surrogacy, which transfers legal parenthood to intended parents, and enabling second parents in same-sex couples or couples using fertility treatment to be registered on birth certificates without adopting their own child.

The changes also provided equal rights to civil partners and married couples.

This document is intended for families whose child was born via surrogacy in Jersey.

It outlines steps for finding a surrogate, treatment options, surrogacy agreements,
financial payments to a surrogate, and birth registration.

The document explains: “In a surrogacy arrangement a woman makes an agreement before becoming pregnant via assisted reproduction to have a child for a single person or couple, to enable them to become parents.

“Surrogacy is an option for anyone who cannot carry a baby themselves. Male same-sex couples may use surrogacy to become parents.

“Surrogacy is also considered by couples or individuals with medical or fertility conditions meaning that they cannot conceive or carry a baby.”

It explains that, whilst surrogacy is not eligible for funding in Jersey, an “altruistic model of surrogacy” is permitted in the Island..

“This means payment beyond direct costs and reasonable expenses are not permitted,” the document says.

“The surrogate should not benefit financially from the arrangement. The costs associated with surrogacy can be high, and careful consideration should be given to finances before proceeding.

“After a surrogate has given birth in Jersey, the receiving parent/s will need to apply to the Royal Court for a Parental Order, which will provide them with legal parental status and parental responsibility.”

The full guidance, which includes contract information for relevant advisory and support services, can be found online.

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