Surrogacy Law: How to become a parent via surrogacy

Surrogacy has become an increasingly popular route for individuals and couples looking to become parents. However, it is also a complex legal process that requires careful consideration and planning. As a family law solicitor, my aim here is to provide you with a helpful guide to understanding surrogacy law, including the steps involved and how to protect your legal rights.

Surrogacy involves an arrangement where a woman (the surrogate) agrees to carry and give birth to a child for another person or couple (the intended parents). There are two main types of surrogacy:

Traditional Surrogacy: The surrogate’s egg is used, making her the genetic mother. This is typically achieved through artificial insemination.

Gestational Surrogacy: An embryo created using the egg and sperm of the intended parents or donors is implanted in the surrogate. The surrogate has no genetic link to the child.

The surrogacy process involves several key steps:

Finding a Surrogate: This can be done through surrogacy agencies, online communities, or personal connections. It’s crucial to choose a surrogate who is committed and understands the emotional and physical demands.

Legal Agreements: Although surrogacy agreements are not legally enforceable, it is wise to draft a detailed agreement outlining the expectations and responsibilities of all parties.

Medical Procedures: This includes the necessary fertility treatments, such as in vitro fertilisation (IVF) for gestational surrogacy.

Pregnancy and Birth: The surrogate carries the pregnancy to term and gives birth. Regular communication and support are essential throughout this period.

The surrogate has the right to keep the baby until a parental order is granted, regardless of genetic connections. This underscores the importance of selecting a surrogate who fully understands and agrees to the arrangement. Legal advice and counselling can help mitigate the risks of such situations.

A parental order transfers the legal parentage from the surrogate (and her spouse, if applicable) to the intended parents. The requirements for obtaining a parental order include:

• The child must be genetically related to at least one of the intended parents.
• The surrogate must consent to the parental order.
• The application must be made within six months of the child’s birth.
• The intended parents must be domiciled in the UK, the Channel Islands, or the Isle of Man.

The court will assess the welfare of the child before granting the order. Once granted, the intended parents become the legal parents, and the surrogate relinquishes her parental rights.

Yes, single parents can have a child through surrogacy. The law changed in 2019 to allow single people to apply for a parental order. The requirements are similar to those for couples, ensuring that the single parent has a genetic link to the child and that the surrogate consents.

To protect your interests and ensure a smooth surrogacy journey, consider the following:

Seek Legal Advice: Consult a family law solicitor experienced in surrogacy to navigate the legal complexities.

Draft a Surrogacy Agreement: While not legally binding, it helps clarify expectations and can be used as evidence of intentions.

Comprehensive Screening: Ensure thorough medical and psychological screening for the surrogate.

Counselling: Both parties should undergo counselling to understand the emotional implications of surrogacy.

Financial Arrangements: Clearly outline any financial support for the surrogate to avoid disputes.

International surrogacy adds another layer of complexity. Although many countries have their surrogacy laws, here the intended parents must obtain a parental order to be legally recognised as the child’s parents. This process can be complicated by differing legal systems and may require additional steps, such as re-adoption or obtaining legal advice in both jurisdictions.

Surrogacy offers a viable path to parenthood for many, but it requires careful legal and practical planning. Understanding the surrogacy process, the role of legal agreements, and the steps to secure a parental order are crucial. Whether you are a couple or a single parent considering surrogacy, consulting with a family law solicitor can help ensure your journey is as smooth and legally secure as possible. If you have any questions or need assistance with surrogacy arrangements, please do not hesitate to contact us for expert advice and support.

Ready to take the next step? As leading family lawyers in Milton Keynes, our team of family law specialists are here to advise you on your surrogacy journey. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.