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Surrogacy is a popular option for single men or women and same sex partners who want to have a child. As part of the arrangement, a woman (the surrogate) gives birth to a child for an individual or couple (the intended parents).
The process helps people to have a child who are unable to conceive, or go through pregnancy, for whatever reason. Once the child is born, legal parenthood is transferred from the surrogate to the person or couple, known as the intended parents.
Surrogacy law is different depending on where in the world you live. There is often confusion about surrogacy law in the UK, with many questioning if the process is in fact legal.
In this article we’ll explore the legalities of surrogacy in the UK, along with other key insights and facts on surrogacy. For immediate legal advice on surrogacy law, get in touch with our surrogacy and fertility law solicitors at Crisp & Co.
Yes, regardless of common misconceptions, surrogacy is in fact allowed in the UK. Having said this, there are some key restrictions on surrogacy law. For instance, it is illegal for third parties to organise surrogacy for profit. It is also illegal to advertise to find a surrogate, or to promote your services as a surrogate.
Due to these restrictions, the process of finding a surrogate in the UK can be somewhat challenging. If you are considering the option of legal surrogacy, it is advisable to get the support of a solicitor to help you on your journey.
When a surrogate gives birth to a child, they are considered the legal mother, and their spouse/civil partner (if they have one) will be considered the father or second legal parent so long as the surrogate’s spouse/civil partner has consented. To transfer parenthood to the intended parent or parents it is necessary to obtain a parental order via court proceedings.
To find a surrogate in the UK, you can explore one of the following options:
Using a non-profit agency is generally the most common option. Individuals and couples who choose this route will go through the following process:
A surrogacy agreement refers to a document that establishes the terms of a specific surrogacy arrangement. It should be noted that Solicitors are not able to engage in negotiating or drafting the content of a surrogacy agreement. The agreement is a useful tool in ensuring all involved persons understand their role and obligations to one another.
A surrogacy agreement will usually include details of:
No, a surrogacy agreement is not legally binding, though it can be useful to establish a plan for the surrogacy and ensure that everyone understands their part to play.
It’s important that all involved parties seek legal advice. Where disputes arise regarding surrogacy, it is essential to have early legal advice or intervention to resolve matters as swiftly as possible.
Surrogacy agreements are not legally binding; however, they can be useful to help all parties understand the process and their responsibilities.
If disagreements arise during the surrogacy process it can be useful to have a reference document, stating the terms that have been previously agreed.
If you do face disputes at any stage in the surrogacy process it is important that you seek legal advice to help you remedy these matters.
You cannot pay a surrogate because surrogacy for profit is illegal in the UK. Regardless, you are allowed to pay a surrogate ‘reasonable expenses’.
What counts as reasonable expenses is determined by the Court and usually there is a broad idea of what constitutes as a reasonable expense. Examples of such expenses often include:
Intended parents and surrogates are advised to agree expenses before the process begins. It is recommended that both parties keep a record of such expenses, as this may be needed later when obtaining the parental order.
Our expert solicitors at Crisp & Co have much experience in supporting intended parents and surrogates throughout the necessary processes. If you have any questions about surrogacy in the UK, do not hesitate to get in touch.
When a child is born of a surrogate, the surrogate is the child’s legal parent when it is first born. A parental order is later used to transfer parental rights from the surrogate to the intended parents.
The process of obtaining a parental order happens after the child has been born, facilitated by a social worker, a family Court, and the involved parties.
Once the intended parent(s) have been granted a parental order for surrogacy they are then legally recognised as the child’s parent(s). There is an option to apply as an individual parent, or as two parents, with a partner.
To obtain a parental order, certain requirements must be met, including:
After the child is born, the intended parent or parents will need to apply to the Family Court to obtain a parental order for surrogacy. To start the process the intended parent must first complete the C51 form which can be found on the GOV.UK website. The surrogate must first consent, and certain legal conditions must be met for the order to be granted.
It is recommended to have the support of a solicitor to guide you through the application process, and help you with any issues should they arise.
In the UK, legal surrogacy depends on various restrictions, a few of the key laws to consider include:
If you would like to have a child through a surrogacy process, you’ll first need to find a non-profit surrogacy agency and start your application.
It is recommended that you seek legal advice early on, helping you to understand the implications of your decision and the processes to follow. You may need assistance negotiating a surrogacy agreement and reasonable expenses.
At Crisp and Co, our team of expert solicitors can offer legal advice on surrogacy law. We can support both intended parents and surrogates with any legal matters related to the process.
Our legal service covers:
For expert advice on surrogacy in the UK, please with our specialist surrogacy solicitors or fill in our online enquiry form for a quick reply.
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