Surrogacy

 The pregnancy can be started by either IVF treatment or by Artificial Insemination but one of the intended parents must be the biological parent of the child. The intended parents do not have to be married but do have to be in a settled relationship. Same sex couples can also enter surrogacy arrangements.

English law does not permit a surrogate mother to be paid for taking part in the arrangement, although it is possible for the intended parents to pay her reasonable expenses relating to the pregnancy. Some other countries do allow payment for surrogacy. If you were to make a payment in excess of reasonable expenses to a surrogate mother abroad this would mean that you could not proceed with the arrangement in this country even if the payment was entirely legal in the surrogate mother’s home country. It is also very important to make sure that where expenses are paid these are not so extensive as to actually amount to payment. This would again cause the arrangement to fail.

When the child is born English law assumes the surrogate mother to be the legal mother of the child and the intended parents gain parental rights by asking the court to make a Parental Order.  This order also ends the surrogate mother’s parental rights. A Parental Order can only be made after the child is born and once he or she is living with the intended parents.  They must apply for the order within 6 months of the date of birth.

Contact: Alastair MacLeod, Samantha Hickman