The legal aspect
After finding a surrogate, which could take up to 2 years in the UK, then its recommended that Intended parents and surrogates seek legal advice as part of the arrangement. Currently you can only apply to the courts to be the legal parent of your child after they are born. Says Fran “Your surrogate carries your child but you’re not legally the parents straightaway in the UK. You have to apply for a parental order and wait for this to be granted by the court in order to become the legal parents of your child born through surrogacy.”. This potentially can create a lot more stress and may mean there may be absences or time off from the workplace.
The financial aspect
There are huge inequalities over NHS funding as most of the LGBT+ community will not qualify for NHS funding for fertility investigations or treatment. Standard IVF treatment costs between £6,000 and £10,000 per cycle (HEFA). Says Francesca ““People often need to pay thousands of pounds if they want to consider having a family. The cost of fertility treatment for the LGBTQ+ community is often much higher as they will need to factor in costs such as donor sperm, eggs or surrogacy and additional testing for certain types of treatment .” Says Fran “They may have grown up with discrimination. To then find there’s no equality in the NHS when it comes to fertility treatment can be crushing”. Some companies are extending financial help to their LGBTQ+ workforce. For example,
JP Morgan has expanded company benefits to help LBGTQ+ employees pay for fertility treatments and surrogacy services.
Samsara offers financial support to LBGTQ+ employees going through commercial surrogacy - but as this form of surrogacy is banned in the UK, this is of no help to UK employees.
Going through adoption
Same-sex couples and single LGBTQ+ adopters have had the legal right to adopt since 2005. Plus, the number of children adopted by same-sex parents is growing every year. 1 in 6 adoptions in England in 2020 were to same-sex couples, and adoption agencies and local authorities have a legal duty not to discriminate on the basis of sexual orientation or gender identity. However, as with any adoption, the process can be longwinded. It involves
time off work to attend
adoption appointments and to deal with the legal issues. Additionally, leave must be taken when the adoption takes place. Statutory Adoption Leave is the same as maternity leave – 52 weeks. It’s important to offer equal benefits to all employees, regardless of their sexual orientation, including adoption leave.
Not being ‘out’ at work
For staff members who have kept their sexuality to themselves, becoming parents can present extra challenges. Says Francesca: “If you're not ‘out’ it adds a whole other layer of anxiety around fertility treatments. You may not want colleagues to know you're trying for a family. There’s the risk of being judged for it as well as for your sexuality. Sadly, we see people getting vilified for this all the time”. Alongside the need for an inclusive and flexible fertility policy is the need for confidentiality due to potential judgement from others.