Surrogacy Solicitors
An Overview of Surrogacy
Surrogacy involves a woman (the surrogate) carrying and giving birth to a child on behalf of another person or couple, who intend to become the child’s legal parents after birth. Initially, the surrogate is recognised as the legal parent when the child is born.
Intended Parents (IPs) are individuals or couples unable to have a child themselves and are considering surrogacy as a route to parenthood. To transfer legal parenthood from the surrogate to themselves, IPs must apply for a parental order. At least one of the IPs in a couple must be a genetic parent of the child born to them through surrogacy. If there is no genetic link, the intended parents cannot use a parental order and must adopt the child. It is important that you can meet the conditions and criteria of a Parental Order before you go ahead with a surrogacy arrangement.
After a child is born through surrogacy, IPs should apply to the family court for a parental order. This order, which requires the surrogate’s consent, formally transfers legal parenthood from the surrogate to the IPs. The process involves both the family court and a social worker appointed by the court. While it can seem lengthy, this process is designed to protect the child’s best interests and is considered the most secure legal and emotional solution for children born via surrogacy.
A parental order is crucial for IPs. Without it, they may face difficulties such as travelling abroad with the child, making important decisions about education or healthcare, or dealing with legal issues if they separate or divorce.
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The Process of Surrogacy
It is not recommended that those considering surrogacy, do so independently. The following organisations can provide guidance and support:
These organisations help reduce risks by conducting checks (including medical assessments and DBS checks) and offering support throughout the process.
Before entering into any surrogacy agreement, remember that while surrogacy itself is legal in the UK, such agreements are not legally enforceable. The Surrogacy Arrangements Act 1985 makes it illegal to arrange surrogacy as a commercial activity. This highlights the importance of working with reputable organisations and securing a parental order, as surrogacy agreements alone do not provide legal protection.
Parental Order Application Process
- Application to the court by the IPs
IPs must apply to the court within six months of the child’s birth. After the first hearing, they are usually asked to provide a statement explaining how they meet the criteria for a parental order, supported by evidence.
- Appointment of a Parental Order Reporter by the court
Once the application for a parental order has been made, the court will ask Cafcass to provide a Parental Order Reporter to help it make a decision on whether the parental order should be granted.
- Work Completed By the Parental Order Reporter
The reporter, who represents the interests of the child, will investigate the circumstances of the case. This usually involves meeting with the IP(s), seeing them with their child, and ensuring that the surrogate freely consents to the application. This work typically takes between 8 to 12 weeks. The parental order reporter will submit the results to the court in a ‘parental order report’ prior to the final hearing.
- Court Hearings on the Parental Order Application arranged by the court
The court will usually hold an initial ‘directions’ hearing to ensure all evidence is in place. If needed, further hearings may be scheduled. The final hearing is where the decision on granting the parental order is made.
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Paul Robinson Solicitors is a thriving independent law firm committed to providing exceptional service to clients nationwide, with offices situated throughout London, Essex and Cornwall.
Established in 1983, the firm has steadily expanded over the past 45 years, offering an extensive range of legal services to both personal and commercial clients. The team of highly experienced and skilled solicitors specialises in various fields and is dedicated to providing an outstanding level of service to achieve positive outcomes for their clients. The firm’s cutting-edge technology and efficient systems, together with its support and managerial staff, ensure maximum efficiency, accuracy, and cost-effectiveness.
