Surrogacy can be a rewarding option for many, especially for those facing infertility issues or for LGBTQ+ couples and single individuals looking to start a family. Recently, Olympian sailor Sir Ben Ainslie and his wife, Georgie, shared their personal story of navigating the journey of surrogacy, shedding light on the challenges and legal complexities involved.
The Ainslie’s surrogacy journey
The couple, already parents to a daughter born via IVF, faced difficulties in expanding their family. They eventually opted for surrogacy in California, where commercial surrogacy is legal. Their son was born in 2021, and they have since called for surrogacy to be “professionalised as much as possible” in the UK.
Legal landscape in the UK
In England and Wales, surrogacy is legal, but surrogacy agreements are not enforceable by law. Commercial surrogacy is prohibited, making it a criminal offence for organisations to broker surrogacy arrangements or for individuals to advertise for surrogates. This restrictive regulatory regime has led many intended parents to look abroad, where the legal frameworks are more supportive.
Popular destinations for surrogacy
Countries like the USA and Canada have become popular destinations for surrogacy due to their supportive legal frameworks, which allow payments to surrogates. Sir Ben Ainslie admitted that the biological connection to the child was a significant factor in their decision to pursue surrogacy.
Importance of legal advice
Surrogacy is a rewarding option for many parent(s), particularly if you been experiencing infertility issues or a LGBTQ+ couple wishing to create a family. It is also an option for single people who can also apply to become legal parents of children conceived through surrogacy. Sir. Ben Ainslie’s comments may raise renewed calls for an overhaul of the current surrogacy laws in England and Wales.
It’s crucial to obtain legal advice if you’re considering surrogacy to ensure you are recognised as the legal parents of your child in England and Wales. Without appropriate orders, such as a “parental order,” you may not be recognised as the legal parents, as the surrogate is treated as the child’s legal mother in the UK.
View our surrogacy guide – Helping you through your surrogacy journey
Are you considering surrogacy?
Surrogacy can be a fulfilling path to parenthood, but it’s essential to navigate the legal landscape carefully. With the right guidance and support, many parents can successfully expand their families through surrogacy.
If you are considering navigating the journey of surrogacy, it is vital to obtain legal advice to ensure a smooth and legally sounding process. At Moore Barlow, our surrogacy lawyers have the skill and expertise to navigate the highly complex legal landscape of surrogacy. With a deep and compassionate understanding of the legal issues, we are equipped to provide expert advice and guidance throughout the entire process, with the utmost sensitivity and discretion.
Note: This blog is a general guide for surrogacy in England and Wales and should not replace bespoke legal advice.
Original article: https://www.telegraph.co.uk/sailing/2024/11/09/ben-georgie-ainslie-surrogacy-ivf-kids-family-children/
