Surrogacy Arrangements
What is the legal position on surrogacy in the UK?
Article contributed by Shaili Gohil-Desai
In short, the surrogate - the woman who carries the baby - and any spouse/civil partner of hers are deemed the legal parents of any child born via surrogacy under UK law. This includes births via surrogates outside the UK; it does not matter if the intended parent/s have secured a foreign birth certificate naming them the legal parents. The intended parents must apply for a parental order in the UK.
To obtain a parental order, the court must be satisfied that the intended parent/s meet the eligibility criteria set out in the Human Fertilisation and Embryology Act 2008.
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The most important thing to understand is that informal surrogacy arrangements - undertaken without formal parental orders from the UK courts - are not valid. It does not matter whether foreign formalities have been completed; the UK position must be addressed by a parental order. Sorting out legal parentage for any child born via surrogate is hugely important for intended parents and children. Specialist legal advice is a must.