Many people will not consider the legal implications of surrogacy but at Clarion we would always advise commissioning parents and surrogates to take specialist surrogacy legal advice before the conception of any child.
Also if this surrogacy involves an international agreement and a sperm, egg donor or surrogate from outside the UK then it is possibly even more important to establish legal position a take surrogacy legal advice before proceeding. The Clarion team can provide advice and help with the following:
Preliminary advice in advance of a UK or international surrogacy arrangement
Obtaining expert legal advice in advance of starting a family through surrogacy is crucial. Whether it is your intention to enter into a surrogacy arrangement in the UK or abroad, our expert team will be able to advise you on all aspects of the arrangement, pre-conception considerations and post-birth orders.
What role will each of the intended parents play once the child is born? Who will be named on the birth certificate and what level of contact/involvement will the biological father or surrogate mother have, if any, with the child in the future?
These and many other issues you may want to consider and take specialist surrogacy legal advice and define in the body of an agreement in advance of any child being conceived through a surrogacy arrangement. Although these agreements are not legally binding in the UK at present, such agreements can help to ensure that everyone concerned will know their respective future roles and intentions when the child is born.
This is a court order which makes the commissioning parents the legal parents of the child and permanently extinguishes the parentage of the surrogate (and her spouse if applicable) . Once a court grants a parental order, the birth of the child will be re-registered to record both commissioning parents as the legal parents, which will then result in a new birth certificate being issued.
An adoption order is the closest alternative to a parental order. Like a parental order, it extinguishes the surrogate parent(s) responsibilities and gives permanent parental status to the intended parent(s) However, the law and process in this area is often complicated (particularly in international situations) and certain strict provisions need to be adhered to in advance of any application being made. Principally, an adoption order would be applied for when a parental order is not available.
Child Arrangements Order
Other options include a child arrangements order (which confers parental responsibility without permanently reassigning parentage).
If you wish to discuss any of the Orders and Agreements detailed above or if you need surrogacy legal advice or any other family law issue please call our Family Team on 0113 246 0622.
Disclaimer: Anything posted on this blog is for general information only and is not intended to provide legal advice on any general or specific matter. Please refer to our terms and conditions for further information. Please contact the author of the blog if you would like to discuss the issues raised.