Local members of the family justice body Resolution have welcomed new research which shows most people back a change in the law to give cohabiting people more rights. Currently, cohabiting couples have few or no rights in the event of a relationship breakdown meaning that unlike married couples there is no mechanism for splitting assets.
We are specialists in all aspects of children’s law and have a team of four family law solicitors who have the knowledge and expertise in the legal aspects of surrogacy and are qualified to offer bespoke advice to assist you.
Talk to one of our friendly and experienced team on 01442 872311
Under English law, the woman who gives birth to the child is always regarded as the child’s mother (even if a gestational surrogate). If the surrogate is married, then her husband is the legal father.
Surrogacy is an intricate area of law and we have a team with the knowledge to guide you through your journey to parenthood, this includes:-
- Advice on the fundamentals of your surrogacy agreement;
- Dispute between intended parents and surrogate, as surrogacy agreements are not enforceable in the UK;
- Parental Orders, including extinguishing legal parentage of the surrogate.
Frequently Asked Questions
What is genetic or traditional surrogacy?
Surrogacy is the process of a woman carrying a baby for another person. Straight surrogacy (also known as genetic or traditional surrogacy) involves sperm from the intended father and an egg from the surrogate.
What is host surrogacy?
Host surrogacy (also known as partial or gestational surrogacy) involves the implantation using the gametes (reproductive cells) of at least one of the intended parents plus the gametes of the other intended parent or a donor, if required, such as an embryo created using either the eggs and sperm of the intended parents or a donated egg fertilised with sperm from the intended father.
What is a Parental Order?
Intended parents must obtain a parental order to acquire legal status to be recognised as the legal parents for their child. This is the bespoke order that must be sought for children born through surrogacy to give parental rights to the intended parents and end the surrogate’s (and her spouse if married) parental rights and responsibilities.
There are a number of requirements for a parental order as follows:-
- The application must be made within six months of the child’s birth.
- Both the surrogate and her spouse must consent, with complete understanding of the implications, to the making of an order.
- The gametes of at least one of the applicants must have been used to create the embryo.
- The intended parents must be over 18.
- The child’s home must be with the applicants.
- One of the applicants must be domiciled in the UK.
- The conception must have taken place artificially rather than through natural intercourse.
The court must also consider the child’s lifelong welfare when making an order.