The 1 to 7 August each year is now traditionally recognised as National Surrogacy Week in the UK. Not only a time to celebrate parents and children who have gone through or are going through their surrogacy journey, but also to educate and raise awareness of the process.
It is an exciting time but there are many legal implications which need to be considered before commencing the process. The following is only a brief overview and our team would be more than happy to discuss the process in more detail.
What is surrogacy?
An arrangement where a woman carries and gives birth to a child for another person or couple. Surrogacy may be traditional (surrogate mother using her own eggs together with sperm donated by the intended male parent) or gestational (using an egg donated by the intended mother or a donor egg). To be valid in England and Wales, there must be a genetic link to one or both of the intended parents.
The surrogacy process
There are many considerations before embarking on the process, including the legal, emotional and practical impact. For example, consideration may need to be given to immigration issues if entering into an arrangement abroad. Not all countries allow surrogacy arrangements to take place outside of their own country, and in some countries, surrogacy is illegal.
Who are the child’s legal parents?
The surrogate will be the child’s legal mother and hold parental responsibility for the child. If the surrogate is married, in a civil partnership or an enduring relationship, her partner will also hold parental responsibility and assume legal parentage.
Transferring parentage
A parental order must be obtained through the court in order to extinguish the legal parentage of the surrogate mother and her spouse/civil partner if she has one. The order must be applied for after six weeks and within six months of the child’s birth. The child must be residing with the intended parents at the time of the application and when the order is made.
How Moore Barlow can help
At Moore Barlow, we understand the complexities of surrogacy. Our expert team can offer comprehensive support, legal advice and expert guidance through every step of your surrogacy journey. Explore our surrogacy legal services.
You may find our surrogacy guide a helpful starting point.
