Surrogacy can be a great solution for those looking to have a child who are unable to have their own for one reason or another. In the UK, it is important to be aware that surrogacy is legal, but it is controlled by strict legal regulations. It is important to be aware of these regulations early in your surrogacy journey so that you can navigate the process legally and with confidence. Keep reading to find out more.
Legal Framework in the UK
There are two main pieces of legislation in the UK – the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008. The Surrogacy Arrangements Act makes it illegal to advertise surrogacy services or enter a contract for profit, while the Human Fertilisation and Embryology Act 2008 establishes the legal process for determining parenthood after the birth of a baby through surrogacy. Crucially, you should know that surrogacy agreements are not legally enforceable, which means the surrogate retains the right to change her mind until a Parental Order is granted.
Parental Orders & Legal Parenthood
Following this, a parental order allows the intended parents to become the child’s legal parents. Up until this point, the surrogate will be considered the legal mother, whether or not she has a genetic connection to the child. Intended parents will need to meet strict eligibility criteria to obtain a parental order, including at least one intended parent having a genetic link to the child and the child living with the intended parents at the time of application. The surrogate must also give consent after the birth and after six weeks have passed, and the application must be made within 6 months of the birth.
Rights & Responsibilities of Intended Parents & Surrogates
It is vital that all parties understand their rights and responsibilities before entering an agreement. For the surrogate, she can change her mind about giving up the child until the parental order is granted and she has full control over medical decisions during the pregnancy. Intended parents must support the surrogate within legal limits and pay the surrogate only for reasonable expenses, such as loss of earnings, medical costs, and travel.
Considerations for International Surrogacy
Cross-border surrogacy brings extra complexities as laws can vary between different countries. Therefore, it is smart to get legal advice from family lawyers specialising in surrogacy to ensure that international arrangements are legal.
Surrogacy can be an excellent solution for many people, but there is also a lot to understand, and the legal aspect can be complex. Therefore, it is always important to seek legal advice beforehand, especially in specific situations, such as international surrogacy. A family lawyer will help you understand what to expect at each step of the journey and ensure that all of your decisions are above board.
