Surrogacy Legal Advice
Surrogacy is now a viable option in terms of both accessibility and cost
Surrogacy laws in the UK can be very complex and complicated. If you are considering surrogacy please speak to us. Surrogacy is now a viable option in terms of both accessibility and cost, and is an increasingly popular option for those wanting to have children. Having children can be one of the most enriching and joyful times but for parents it can also be a great time of anxiety. There are lots of potential pitfalls which must be navigated but we are here to give you the expert legal advice as early as possible.
You may also want to know that our expert Solicitor Derek Forrest in fact helped to change the laws in the UK. Commercial surrogacy arrangements are illegal in the UK. Whilst it is illegal in the UK to pay more than expenses for a surrogacy, the relationship can be recognised under S 30 of the Human fertilisation and Embryology Act 1990 under which a court may make parental orders similar to adoption orders.
As a family solicitor at the time Derek, was approached by a couple facing proceedings by the local authority. The wife had no womb but did have ovaries which could be fertilised by her husband’s sperm. This they did and a surrogate gave birth to their child. When they took the child home to their home in Cumbria the local authority insisted that they should go through the procedure for registering as foster parents for their child even though genetically it was their own child. There was actually no defence to the action and the only option was to adopt their own child.
Derek Forrest wrote to The Times setting out the predicament his clients found themselves in and received a lot of favourable response. Then by chance the barrister acting for the parents knew the Member of Parliament who represented the parents. It just so happened that the Human Fertilisation and Embryology Bill was going through Parliament at the time and the Barrister spoke to the MP to see if they could help. The MP then got things moving and got s 30 drafted and passed as an amendment through parliament.
The result was that the couple was the first to obtain parental orders under the new Act. Rarely is a solicitor able to say to a client that although they have no case they are not to worry as the law can be changed to help them!
If you are considering surrogacy please speak to us
Things to consider?
Particular issues a person involved in a Surrogacy Arrangement must consider include:
- The immigration status of the child ( if born abroad or to a non-British national Surrogate)
- The intended parents’ legal status (Domicile)
- The Surrogate’s marital status
- Who will be automatically treated as the child’s legal parents?
- What arrangements could be made until a Parental Order is in place? (E.g – for example, consenting to medical treatment or immunisations, applying for a passport, registering the birth)
- What might be appropriate levels of financial assistance to be paid by the intended parents to the Surrogate.
Contact Solicitor Direct
You can be re-assured that if we can help you we will. One of the best experts wants to help you. You have the legal backup and expertise to help you achieve your wishes.
We would be happy to talk to you about our services and discuss your needs so get in touch. You can do this by calling 01772 424999, emailing enquiries@solicitordirect.com or visiting us at 71 Hough Lane Leyland PR25 2SA. We can also offer appointments up to 6pm weekdays or Saturday appointments if needed.
