Surrogacy and Parental Orders
Exploring Surrogacy as a Path to Parenthood
Surrogacy offers a meaningful and life-changing route to parenthood for those unable to conceive naturally. Yet, it is equally important to understand the legal implications for both the surrogate (birth parent) and the intended parents. This overview highlights key considerations, from practical arrangements during pregnancy to obtaining the necessary Parental Orders, ensuring you have the right information to navigate your surrogacy journey with confidence.
How We Support Your Surrogacy Journey
At HM & Co. Solicitors, our dedicated team of child law solicitors specialises in surrogacy and Parental Orders, delivering bespoke guidance for intended parents, whether in the UK or abroad. Building a family can be unpredictable and emotional, but by laying robust legal foundations, we aim to help you handle both the highs and lows of this incredible process.
Our role includes:
- Clarifying legal implications of surrogacy
- Reviewing and drafting vital documentation
- Advising on eligibility for Parental Orders
- Providing support for families navigating surrogacy overseas
Practical Arrangements During Pregnancy
Surrogacy involves more than legalities; you also need to consider a range of practical matters:
Communication and Expectation Setting
Agree on how you will stay in touch with your surrogate, how much time you will spend together, and whether you will be present at the birth. Discussing this early can help to avoid misunderstandings later on.
Payments to the Surrogate
- Legality: Surrogacy arrangements in the UK allow for some payments to a surrogate, but these must be considered by a judge when you apply for a Parental Order.
- Expenses: It is not illegal to pay more than “reasonable expenses,” but the judge will need to approve the final amount. Because the term “reasonable expenses” is not strictly defined, it is wise to seek legal guidance early to clarify acceptable forms of payment.
Ensuring Legal Parenthood: Parental Orders
Under UK law, the woman who gives birth to a child (and her spouse if she is married) is considered the legal parent. Intended parents must apply for a Parental Order to transfer parenthood. This application covers:
- Legal Status: A Parental Order permanently removes the surrogate’s legal parenthood and confers it upon the intended parents.
- Payments: Any money paid to the surrogate is considered by the judge reviewing the Parental Order application.
- Timeframe: It is crucial to apply for a Parental Order soon after the child is born and before they reach six months old, if possible.
Surrogacy Abroad: Key Considerations
If your surrogacy journey takes you overseas, it’s crucial to be aware that UK law still recognises the surrogate as the child’s legal parent, regardless of what local law states in the birth country. Therefore, a Parental Order is still required upon your return. Other points include:
- Recognition: You may be named as parents on the child’s foreign birth certificate, but this does not apply under UK law.
- International Paperwork: Travel documents, visas, and compliance with both the destination country and the UK’s legal requirements can complicate matters. Early legal advice is strongly recommended.
- Legal Return: You may need to secure British nationality for your child or arrange entry clearance to bring them home.
How HM & Co. Solicitors Can Help
- Personalised Legal Advice: We tailor our assistance to your unique circumstances, offering clarity on UK legislation and surrogacy abroad.
- Documentation and Compliance: Our solicitors ensure all necessary paperwork and formalities are properly handled, reducing the risk of legal complications.
- Ongoing Support: From the initial stages to finalising your Parental Order, we remain on hand to provide reassurance and address any concerns.
If you are considering surrogacy and would like expert legal guidance, please get in touch:
HM & Co. Solicitors
Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
We look forward to supporting you on your journey to parenthood and helping you build a strong legal foundation for your growing family.
Your Questions, Answered
FAQs
Surrogacy and Parental Orders FAQs
What is surrogacy, and what types are there?
Is surrogacy legal in the UK?
Yes. It is entirely legal to enter into a surrogacy arrangement in the UK, but Surrogacy Contracts are not enforceable by law. It is also unlawful for a third party (e.g. a solicitor) to negotiate such a contract, making trust the foundation of surrogacy agreements.
Under UK law, the surrogate remains the child’s legal mother at birth, regardless of any genetic connection. If she is married or in a civil partnership, her spouse is typically recognised as the child’s legal father/second parent in certain circumstances. If the surrogate is unmarried, there is some flexibility in determining who the second legal parent is.
How can intended parents gain legal recognition of parenthood?
A Parental Order is needed to transfer legal parenthood from the surrogate (and her spouse if relevant) to the intended parents. This process re-registers the child’s birth, issuing a new birth certificate naming the intended parents as the legal parents.
What is the Parental Order process in the UK?
- Preparation & Consent: The intended parents must obtain the surrogate’s formal consent.
- Application: An application for a Parental Order is made to the court.
- Legal Steps: The court will verify that all legal criteria are met, including rules on consent and other requirements.
- Representation & Documents: A legal team can guide you, draft the necessary paperwork, and support you at any court hearings.
What if I cannot apply for a Parental Order?
If you are unable to apply for a Parental Order, there are alternative legal routes to secure your status as the child’s parent(s), such as adoption. A legal specialist can advise you on these options, discuss the pros and cons, and guide you through any corresponding applications.
HM & Co. Solicitors
Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
Our team are here to help you with every stage of the surrogacy process, ensuring that all legal requirements are clearly understood and properly followed.
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HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
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