For those considering surrogacy in the UK, it’s essential to have a solid grasp of family laws and the legal steps involved in advance so you can focus on the well-being of your future child and the relationships that will form around them.
Parental Orders and Legal Parenthood
Once a child is born, under UK law, the surrogate mother is initially considered the legal mother, regardless of who the biological parents are. To ensure the intended parents become the legal parents, they must apply for a parental order. This order transfers legal parenthood from the surrogate to the intended parents, making it the key to securing their rights as parents.
To apply for a parental order, several conditions, including the following, must be met:
- Be 18 years or older.
- Be married, in a civil partnership, or living in an enduring family relationship as a couple. A single person can also apply.
- Have a genetic link to the child (e.g., using your sperm or egg).
- Be domiciled in the UK, Channel Islands, or Isle of Man.
By securing a parental order, intended parents gain full legal recognition as the child’s parents. This also allows them to make decisions about the child’s welfare and grants them the ability to apply for the child’s birth certificate to list them as the legal parents.
Rights and Responsibilities of Intended Parents and Surrogates
For the intended parents, this includes the responsibility of supporting the surrogate throughout the pregnancy and ensuring she is treated with care and respect. Financially, while it is illegal to pay a surrogate beyond reasonable expenses in the UK, intended parents can cover the surrogate’s costs related to pregnancy, such as medical bills, maternity clothes, and lost earnings.
For surrogates, the primary responsibility is to carry the child to term safely and healthily. This involves regular medical appointments, following health guidelines, and communicating openly with the intended parents. Importantly, surrogates must be fully informed of the legal implications of their actions, including the fact that after the child’s birth, they are not automatically entitled to keep the child unless certain conditions are met.
Clear communication and an agreed-upon legal contract can help clarify these responsibilities.
Considerations for International Surrogacy
Each country has different rules around surrogacy. Before entering into an international surrogacy agreement, you must check whether the country you choose allows international intended parents to obtain legal parenthood. Some countries, like the US, have more favourable laws for international intended parents, while others may require lengthy legal processes to secure parenthood. You may also need to consider the implications for your child’s citizenship, which could involve complex paperwork and additional legal challenges.
The importance of thorough legal preparation cannot be overstated. Make sure you have a legal expert on your side to guide you through each step, ensuring a smoother process and protecting your rights as you expand your family.