Surrogacy Arrangements Act 1985
| Jurisdiction | UK Non-devolved |
| Citation | 1985 c. 49 |
| Year | 1985 |
(1) The following provisions shall have effect for the interpretation of this Act.made before she began to carry the child, andmade with a view to any child carried in pursuance of it being handed over to, and F1parental responsibility being met (so far as practicable) by, another person or other persons.(3) An arrangement is a surrogacy arrangement if, were a woman to whom the arrangement relates to carry a child in pursuance of it, she would be a surrogate mother.(4) In determining whether an arrangement is made with such a view as is mentioned in subsection (2) above regard may be had to the circumstances as a whole (and, in particular, where there is a promise or understanding that any payment will or may be made to the woman or for her benefit in respect of the carrying of any child in pursuance of the arrangement, to that promise or understanding) .(5) An arrangement may be regarded as made with such a view though subject to conditions relating to the handing over of any child.(6) A woman who carries a child is to be treated for the purposes of subsection (2) (a) above as beginning to carry it at the time of the insemination F2or of the placing in her of an embryo, of an egg in the process of fertilisation or of sperm and eggs, as the case may be, that results in her carrying the child.(7) “Body of persons” means a body of persons corporate or unincorporate.(7A) “Non-profit making body” means a body of persons whose activities are not carried on for profit.(8) “Payment” means payment in money or money’s worth.(9) This Act applies to arrangements whether or not they are lawful . . . (1) The following provisions shall have effect for the interpretation of this Act.made before she began to carry the child, andmade with a view to any child carried in pursuance of it being handed over to, and the parental rights being exercised (so far as practicable) by, another person or other persons.(3) An arrangement is a surrogacy arrangement if, were a woman to whom the arrangement relates to carry a child in pursuance of it, she would be a surrogate mother.(4) In determining whether an arrangement is made with such a view as is mentioned in subsection (2) above regard may be had to the circumstances as a whole (and, in particular, where there is a promise or understanding that any payment will or may be made to the woman or for her benefit in respect of the carrying of any child in pursuance of the arrangement, to that promise or understanding) .(5) An arrangement may be regarded as made with such a view though subject to conditions relating to the handing over of any child.(6) A woman who carries a child is to be treated for the purposes of subsection (2) (a) above as beginning to carry it at the time of the insemination F4or of the placing in her of an embryo, of an egg in the process of fertilisation or of sperm and eggs, as the case may be, that results in her carrying the child.(7) “Body of persons” means a body of persons corporate or unincorporate.(7A) “Non-profit making body” means a body of persons whose activities are not carried on for profit.(8) “Payment” means payment in money or money’s worth.(9) This Act applies to arrangements whether or not they are lawful . . . No surrogacy arrangement is enforceable by or against any of the persons making it. initiate take part in any negotiations with a view to the making of a surrogacy arrangement,offer or agree to negotiate the making of a surrogacy arrangement, orcompile any information with a view to its use in making, or negotiating the making of, surrogacy arrangements;for a woman, with a view to becoming a surrogate mother herself, to do any act mentioned in that subsection or to cause such an act to be done, orfor any person, with a view to a surrogate mother carrying a child for him, to do such an act or to cause such an act to be done.the body does an act falling within subsection (1) (a) or (c) in respect of which any reasonable payment is at any time received by it or another, orit does an act falling within subsection (1) (a) or (c) with a view to any reasonable payment being received by it or another in respect of facilitating the making of any surrogacy arrangement.any reasonable payment is at any time received by the body or another in respect of the body doing the act, orthe body does the act with a view to any reasonable payment being received by it or another person in respect of the body facilitating the making of any surrogacy arrangement.(2C) Any reference in subsection (2A) or (2B) to a reasonable payment in respect of the doing of an act by a non-profit making body is a reference to a payment not exceeding the body's costs reasonably attributable to the doing of the act.any payment is at any time received by himself or another in respect of it, orhe does it with a view to any payment being received by himself or another in respect of making, or negotiating or facilitating the making of, any surrogacy arrangement.in a case where the payment was received before he did the act, he did not do the act knowing or having reasonable cause to suspect that any payment had been received in respect of the act; andin
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