Helping you with the surrogacy process

Having a child through surrogacy is a life-changing and exciting process. There are many legal implications that need to be considered. First a foremost, a surrogate will be the child’s legal parent until the legal parenthood is transferred to you after the child is born. It is therefore important to know your rights from the very outset so that you can be sure that surrogacy is right for you. In some circumstances, you may wish to enter into a surrogacy agreement in order to outline how your arrangement will work.

We can help you to understand the surrogacy process and be fully prepared while embarking on this process to ensure; the Moore Barlow team or surrogacy lawyers in London, Richmond, Southampton and Hampshire are highly experienced in these areas.

What is the process for surrogacy?

If you are considering having a child through surrogacy in England, Wales or abroad, then there are many considerations, including legal, emotional and practical arrangements that will need to be made. These are important consideration so that you can be assured the child, once born, will be legally recognised as your own child for which you have full responsibility under the law.

There are many steps to surrogacy, and you can benefit from having expert legal advice along the way, which is where our surrogacy lawyers can help. In brief, the framework for surrogacy usually includes the following stages:

  • Decide where you want to commission the surrogacy arrangement and consider any immigration issues
  • Decide on whether you wish to work with a surrogacy organisation and which one
  • Decide on a surrogate and what type of surrogacy i.e. is any donated egg/sperm required
  • Prepare a surrogacy agreement and complete all the necessary forms of consent
  • Conception of the child and the following maternity
  • The birth of the child and migration if surrogacy commissioned abroad
  • The transfer of legal parenthood by way of a parental order

What is a surrogacy agreement?

A surrogacy agreement can be an extremely useful document to clearly set out everyone’s intentions before, during and after embarking on this process together. An agreement can clarify what role the surrogate will have and what rights and responsibilities the intended parents will have. A surrogacy agreement can outline all potential outcomes and eventualities to ensure everyone is entering into the arrangement with a full understanding of what to expect to avoid any issues later on occurring.

It’s important to have the appropriate legal advice when developing your surrogacy agreement, which is where our experienced surrogacy solicitors in London, Richmond, Southampton and Hampshire can help. We will help you look at all the possible eventualities and make sure that the surrogacy agreement accurately reflects your intentions.

What is a parental order?

For a child born via surrogacy to be legally considered the child of the intended parents, they must apply for a parental order. There are strict criteria that must be met for a parental order to be granted. Preparing an application and providing the correct evidence is therefore essential to obtain a parental order. Taking legal advice on obtaining a parental order can ensure there are no unforeseen delays. We can help you with any legal aspects of the surrogacy process, including parental order applications so that you do not encounter any unforeseen obstacles when having a child via surrogacy.

If you want to know more about the support we can offer to those planning to add to their family through surrogacy, please contact us.

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