Keeping up with the Kardashians

It has been reported that Kim Kardashian and Kanye West are looking for a surrogate to carry their third child.

Kim has been very open about the medical issues she had in her first two pregnancies. She suffers from placenta accreta, which makes another pregnancy potentially life threatening. During a normal pregnancy, the placenta attaches itself to the uterine wall, where it remains until after the baby is born, at which time it detaches. When placenta accreta occurs however, the placenta attaches itself too deeply, entangling its tissue and blood vessels in the uterine wall.

Whilst there are numerous surrogacy agreements being negotiated every day, this one has hit the headlines.

With attention grabbing headlines that a $113,000 deal has been made with the surrogate being banned from hot tubs/ saunas, being unable to go near cat litter, being able to drink only one caffeinated beverage a day and not being able to use hair dye. Is this all really possible?

Firstly, I should probably say that this arrangement, whatever its actual terms, has been made in America where their laws are quite different from our own.

In the UK, payments to surrogates are permitted. It is a common misconception that payments above expenses are prohibited. The issue of payments is simply a consideration for the family court, which must authorize payments that amount to more than just reasonable expenses. There is no definition of “reasonable expenses” and in practice the court takes a relaxed approach. To date there has never been a case where the court has refused to make a parental order because too much was paid.

As for surrogacy agreements, these are bespoke agreements made between the intended parents and the surrogate. Therefore in theory they could include all sorts of prohibitions, if they can be agreed. In practice however most are pretty reasonable and any prohibitions included would probably be expected of any pregnant woman.

Surrogacy can be complicated, and headline grabbing, and each person’s circumstances are individual. As I am sure Kim and Kanye have obtained legal advice, it is important that anyone considering surrogacy (both in the UK or abroad) obtains advice early. If you are considering surrogacy then please visit us here. We would love to help you expand your home by at least two feet!

We wish Kim and Kanye all the best.