Is Surrogacy Legal in England and Wales?
Altruistic Surrogacy is permitted in the UK as long as the correct procedures are adhered to, while commercial Surrogacy is prohibited. It is considered a criminal offense: - To publicly seek a surrogate or offer to be one; - For third parties to promote surrogacy services (with some exceptions for non-profit organizations); - For third parties to negotiate the terms of a surrogacy agreement in exchange for payment (e.g., a lawyer cannot assist in agreeing to terms). Additionally, Intended Parents are only permitted to cover the surrogate's 'reasonable expenses.' In cases where a surrogate is used, they will be recognized as the child's legal parent at birth. If the surrogate is married or in a civil partnership, their spouse or partner will be the child's second parent at birth, unless they did not provide consent. Legal parenthood can be transferred through a parental order or adoption after the child is born. In situations where there is a dispute over the child's legal parents, the courts will make a decision based on the child's best interests. Frequently, the Intended Parents and Surrogate will establish a Surrogacy Agreement. This agreement helps in outlining the understanding and agreement of all parties on various issues. A Surrogacy Agreement is a non-legally binding statement of intent regarding how the arrangement will function and the commitment each party is making to the other before the surrogacy begins, ensuring effective communication and mutual understanding between the Intended Parents and Surrogate. It is important to understand that a Surrogacy Agreement is not legally enforceable or binding in the Court's jurisdiction.
Will the birth certificate of the child include the names of the Intended Parents?
Regardless of the biological position and the location of the child's birth, the surrogate will always be acknowledged as the legal mother of the child. If the surrogate is married, her spouse will be recognized as the child's legal father or second legal parent. However, if the surrogate is single, one of the intended parents may be listed on the initial birth certificate, depending on various factors such as whether the child was conceived at a fertility clinic. As a result, the intended parents will not have full legal recognition as the child's parents at birth, and they will need to apply for a parental order after the child is born.
What is a Parental Order?
When a child is born through surrogacy, the Intended Parent must seek a parental order from the family court. The parental order legally transfers parenthood from the surrogate (and her spouse or civil partner, if applicable) to the Intended Parents, with the surrogate's consent being a requirement. The process of obtaining a parental order involves the family court and a court-appointed social worker, typically heard by magistrates. However, cases involving children born overseas or where the criteria for a parental order are in question may be heard by a High Court judge. In England and Wales, most surrogacy cases are straightforward, with parental orders being deemed in the child's best interests. The criteria for a parental order include the age of the Intended Parents, their relationship status, consent from the surrogate and her partner, genetic relation to the child, living arrangements, timing of application, domicile in the UK, reasonable expenses for the surrogate, and the child's welfare being the paramount consideration. To obtain a parental order, the Intended Parents must submit a completed application form to the court within 6 months of the child's birth.
Our team of surrogacy law solicitors is here to provide assistance and support in navigating the complexities of surrogacy law.
We are a group of solicitors specializing in family law, particularly in the areas of surrogacy and fertility law. We offer guidance to both surrogates and individuals seeking to have a child through surrogacy. Our services encompass: 1. Providing general advice on the surrogacy process. 2. Offering guidance on the legal aspects of the arrangement, including what is permissible and what is not within your surrogacy agreements. 3. Advising on legal parenthood and the rights and responsibilities involved, whether you are a surrogate or the intended parents of a surrogate child. 4. Assisting you in applying to the court for a Parental Order, which grants legal parenthood for a surrogate child. 5. Providing advice on alternative methods of acquiring legal parenthood, such as adoption. 6. Offering guidance on related matters, including parental responsibility, Child Arrangements Orders to determine the child's residence and contact arrangements, Specific Issue Orders, and Prohibited Steps Orders.