Yes, reciprocal IVF is legal. In the past, female same-sex couples had to undergo additional screenings before fertility treatment. However, the law has changed, removing those extra requirements and thereby reducing costs.

• Pros:
  • Allows both partners to be closely involved, with one providing the eggs and the other carrying the child.
  • Creates a unique bond for both partners.
• Cons:
  • Only the birth mother is automatically recognised as the legal parent at birth. The other parent needs to ensure their legal parenthood is recognised, especially if the couple is unmarried.
  • Further steps might be needed to secure legal rights, such as obtaining parental responsibility if you’re not married or in a civil partnership.

Yes, surrogacy is legal, but commercial surrogacy (charging more than reasonable expenses) is illegal. Surrogacy agreements in the UK are not legally binding. However, documenting your arrangements through a surrogacy agreement can be helpful in clarifying everyone’s intentions.

• Male couples:
  • Traditional Surrogacy: One partner’s sperm is used with the surrogate’s egg.
  • Gestational Surrogacy (Host): Donor eggs are fertilised with one partner’s sperm. The surrogate is not genetically related to the child.
• Female couples:
  • In certain scenarios, a surrogate may be used if neither partner can carry a child. This process can similarly be traditional or gestational.

Regardless of your situation, the surrogate is legally recognised as the child’s parent upon birth. To transfer legal parenthood, you must apply for a Parental Order within six months of the child’s birth.

• Pros:
  • At least one of you can have a genetic link to your child.
  • You can be involved from the very beginning of the process.
  • Success rates for surrogacy are generally higher than some other fertility methods.
• Cons:
  • Under UK law, the surrogate is automatically the child’s legal mother at birth.
  • If the surrogate is married, her spouse is also legally recognised as the child’s parent.
  • A Parental Order is essential to become the legal parents, and this requires the surrogate’s consent.

Yes, it is. Platonic co-parenting involves two (or more) adults raising a child together without a romantic relationship between them. While it’s perfectly legal, complexities can arise around parental responsibility, especially if more than two people are involved or if a surrogate is used.

A co-parenting agreement outlines each parent’s intentions, roles, and approaches to raising the child. Typically, it includes details like:

• Who attends medical appointments, antenatal classes, or the birth.
• Where the child will live and how time is shared between parents.
• Health, education, and general upbringing preferences (e.g. religion, extracurricular activities).

These agreements are not legally binding; trust remains the key factor for success. That said, seeking legal advice from a solicitor or mediator can help clarify everyone’s expectations.

LGBTQ+ individuals often consider platonic co-parenting with friends or other couples. This is perfectly legal and can be an excellent way to share parenting responsibilities. However, there may be legal implications around parental status, especially if a surrogate is used. Speaking to a legal professional before starting the process can help ensure everyone’s rights and intentions are protected.

Speak to HM & Co. Solicitors

If you’re considering any of these routes to parenthood—reciprocal IVF, surrogacy, or platonic co-parenting—our dedicated team at HM & Co. Solicitors can guide you through each step of the process.

Address:
186 Lower Road, Surrey Quays, London SE16 2UN

Telephone:
02071128180

Email:
info@hmsolicitorsltd.com

Whether you need advice on legal parenthood, consent forms, parental responsibility, or drafting agreements, we’re here to help you navigate your journey to parenthood with clarity and confidence.