Under the Assisted Reproductive Treatment Act 2008, requirements are that the genetic (commissioning) parent(s) must be infertile or unable to carry a baby or give birth, or there is a likely medical risk to the mother or baby if pregnancy is carried out.
Also, the surrogate:
must be at least 25 years old
must have previously been pregnant and given birth to a live child
must not use her eggs in the surrogacy arrangement.
NOTE: It is preferred that the surrogate has already completed her family, but this is not a legal requirement.
All parties, including the genetic (commissioning) parent(s), the surrogate and the surrogate’s partner (if they have one), must:
undergo a criminal record check and a child protection order check
undertake counselling and obtain independent legal advice.
Some clinics also require the donor involved in the arrangement to comply with these two requirement