![\"Goodman](\"https:\/\/www.goodmanray.com\/wp-content\/uploads\/2024\/03\/Goodman-Ray-Solicitors-Surrogacy-Solicitors-Banner-Image-1024x341.webp\")
<\/span><\/p>\n<\/div><\/div>\n\n\n\n
What is Surrogacy?<\/h2>\n\n\n\n
Surrogacy involves a surrogate agreeing to carry and give birth to a child for another person or couple (the \u2018intended parents\u2019). There are two primary types of surrogacy:<\/p>\n\n\n\n
- \n
- Traditional Surrogacy<\/strong>: The surrogate uses her own egg, making her both the genetic and birth mother.<\/li>\n\n\n\n
- Gestational Surrogacy<\/strong>: The surrogate carries a pregnancy created through IVF, using an egg and sperm from the intended parents or donors. This is the most common form of surrogacy in the UK.<\/li>\n<\/ul>\n\n\n\n
Is Surrogacy Legal in the UK?<\/h2>\n\n\n\n
Yes, surrogacy is legal in the UK. However, The Surrogacy Arrangements Act 1985<\/a> and the Human Fertilisation and Embryology Act 2008<\/a> strictly regulate the practice so that it is illegal to:<\/p>\n\n\n\n
- \n
- Pay a surrogate beyond reasonable expenses<\/strong>: Reasonable expenses include things such as medical and travel costs, as well as loss of earnings. Commercial surrogacy arrangements are prohibited in the UK. This means that all surrogacy that takes place in the UK must be altruistic.
<\/li>\n\n\n\n- Advertise<\/strong>: It is a criminal offence to advertise:\n
- \n
- For a surrogate<\/li>\n\n\n\n
- That you are willing to act as a surrogate<\/li>\n\n\n\n
- That you are a third party willing to facilitate the making of a surrogacy arrangement (though this last offence does not apply to non-profit organisations).<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n
Are Surrogacy Agreements Enforceable Under English Law?<\/h2>\n\n\n\n
Surrogacy agreements are not enforceable in the UK. While such agreements can outline the intentions of both parties, they are not legally binding.<\/p>\n\n\n\n
In the rare case of a dispute about the care of a surrogate born child, the family court will make decisions based only on what is in the child’s best interests. The fact of a surrogacy agreement will be considered and will be one of the factors that is taken into account by the judge, but it is not a determinative factor. It will be a matter for the Judge to decide the arrangements for the child, who they should live with and what contact if any there should be with the other parties.<\/p>\n\n\n\n
With this uncertainty in the UK, many UK intended parents choose a surrogacy arrangement abroad, in countries where commercial arrangements are permitted and surrogacy contracts are enforceable. However, cases involving multiple jurisdictions can be complicated and bring with them issues about the status of a child with regards to parentage and nationality, which has significant consequences for families if they are not properly guided through the process. We work closely with lawyers in other jurisdictions to make sure that our clients are legally protected in all countries involved in the surrogacy arrangement.<\/p>\n\n\n\n
Who are the legal parents of a child born via surrogacy?<\/h2>\n\n\n\n
When a child is born as a result of surrogacy arrangement, the surrogate is always the legal mother of the child. If the surrogate has a spouse or civil partner, then that person will be the child\u2019s other legal parent.<\/p>\n\n\n\n
If the surrogate is unmarried and not in a civil partnership, the genetic father will be the child\u2019s other legal parent (unless it can be shown that the surrogate\u2019s spouse\/civil partner did not consent to the surrogacy arrangement), and can be named on the birth certificate, which will also give him parental responsibility for the child.<\/p>\n\n\n\n
For the intended mother or parents to become the legal parent(s) of the child, an application has to be made to the Court for a parental order. This has the effect of the transferring legal parentage from the surrogate (and her husband) to the intended parent(s).<\/p>\n\n\n\n
What is a Parental Order?<\/h2>\n\n\n\n
A parental order is a legal process that transfers legal parenthood from the surrogate (and her spouse or civil partner, if applicable) to the intended parent(s).<\/p>\n\n\n\n
The legal framework for parental orders is set out in Section 54 of the Human Fertilisation and Embryology Act (HFEA) 2008. The HFEA sets out the many criteria that must be met in order to apply for a parental order. These criteria include:<\/p>\n\n\n\n
- \n
- The application for a parental order must be made by one or two people who are at least 18 years old. If the application is made by a couple they must be married, in a civil partnership, or living as partners in an enduring family relationship.<\/li>\n\n\n\n
- Either or both of the applicants must be domiciled in the UK.<\/li>\n\n\n\n
- The child must have been carried by a woman who was artificially inseminated and at least one of the intended parents must be genetically related to the child.<\/li>\n\n\n\n
- The child must be living with the intended parents at the time the application was made and at the time the order is made.<\/li>\n\n\n\n
- The application must be made within six months of the child’s birth.<\/li>\n\n\n\n
- The surrogate and her spouse or civil partner must consent to the order (consent cannot be given until at least six weeks after the birth).<\/li>\n\n\n\n
- The court must be satisfied that no money, other than reasonable expenses, has been given.<\/li>\n<\/ul>\n\n\n\n
Not all of these conditions are absolute. The law in this area is complex, but one of our expert surrogacy lawyers can guide you through the process.<\/p>\n\n\n\n
International Surrogacy Arrangements<\/h2>\n\n\n\n
Surrogacy law differs drastically between jurisdictions. For example, in some countries there is a strict ban on surrogacy in all forms, such as Italy, whilst in other countries commercial surrogacy arrangements are permitted. <\/p>\n\n\n\n
International surrogacy involves arranging a surrogacy outside the UK. Whilst this is legal, it presents additional complexities:<\/p>\n\n\n\n
- \n
- International surrogacy arrangements are not enforceable in the UK.<\/li>\n\n\n\n
- Legal parentage established abroad is not recognised in the UK. UK rules on parentage apply to international surrogacy arrangements even if a separate legal process has been completed abroad to transfer parentage to the intended parents. It is always necessary to apply to the court for a parental order.<\/li>\n\n\n\n
- Obtaining citizenship and travel documents for the child can be challenging, as some countries may not recognise the intended parents as legal parents.<\/li>\n<\/ul>\n\n\n\n
If you are considering entering an international surrogacy arrangement, it is essential that you obtain specialist legal advice from the outset.<\/p>\n\n\n\n
How Can Goodman Ray\u2019s expert surrogacy solicitors help you on your surrogacy journey?<\/h2>\n\n\n\n
The law surrounding surrogacy is complicated. Our specialist surrogacy solicitors can provide invaluable assistance and help you:<\/p>\n\n\n\n
- \n
- To understand and manage the legal issues associated with surrogacy, including the complexities associated with international surrogacy arrangements.<\/li>\n\n\n\n
- To obtain a parental order for a surrogate born child.<\/li>\n\n\n\n
- To resolve a dispute that arises in relation to the surrogacy process.<\/li>\n<\/ul>\n\n\n\n
![\"The](\"https:\/\/www.goodmanray.com\/wp-content\/uploads\/2023\/02\/The-Role-of-Consent-in-Surrogacy-feature-image-1024x683.webp\")
<\/span>\n<\/div>\n\n\n\nThe Role of Consent in Surrogacy<\/mark><\/h3>\n\n\n\n
Consent plays a vital role in many aspects of the law in England & Wales, including sexual activity, medical treatment, and adoption. Consent is also a key element in surrogacy. You can find out more about the role of consent in surrogacy in this blog<\/mark><\/a> by Clemmie Bridges.<\/mark><\/p>\n\n\n\n
- Advertise<\/strong>: It is a criminal offence to advertise:\n
- Gestational Surrogacy<\/strong>: The surrogate carries a pregnancy created through IVF, using an egg and sperm from the intended parents or donors. This is the most common form of surrogacy in the UK.<\/li>\n<\/ul>\n\n\n\n