Surrogacy is becoming a more popular option for both same-sex and heterosexual couples who are unable to conceive children themselves.

This is an extremely complex area of law, especially in cases with an international element.  Entering into an agreement with your surrogate does not automatically provide you with legal parenthood, and a Parental Order must be obtained within 6 months of the child’s birth.  A Parental Order provides couples with full legal recognition of their status as the child’s parents and confers them with Parental Responsibility. 

Commercial surrogacy arrangements are illegal in the UK.  This means that no more than ‘reasonable expenses’ can be paid to the surrogate, although there is no strict definition of what reasonable expenses are.   Any payments made to your surrogate can be dealt with as part of your Parental Order. 

Issues of dispute can arise about payments, the practical arrangements such as obtaining the surrogate mother’s consent, and any rules that must be complied with, so if you are thinking about surrogacy, you should consider taking legal advice at an early stage.

If you have a child and are uncertain of your legal status you should contact a member of the Family Law Team accordingly for tailored advice to your circumstances.

Get in touch with our team today for a confidential and personal consultation.