Surrogacy has emerged as a vital pathway to parenthood for individuals and couples facing challenges in conceiving children naturally. Despite its growing popularity, people often perceive surrogacy law in the UK as intricate and inadequate.
The Law Commission of England and Wales and the Scottish Law Commission are reviewing surrogacy rules. They want to ensure that the rules better reflect the interests and wishes of everyone involved. However, as of now, the legal landscape and processes remain unchanged.
In this article, we address frequently asked questions to shed light on the current state of surrogacy law in the UK.
Understanding Surrogacy:
Surrogacy involves a woman carrying and giving birth to a child for another person or couple.
There are two main types of surrogacy :
- Straight surrogacy, where the surrogate uses her own eggs, and
- Gestational surrogacy, where the intended parents’ genetic material is used, often with the assistance of a fertility clinic.
It’s crucial to note that, under current laws, the surrogate is recognised as the legal parent of the child.
Key Questions and Answers:
Can we, as prospective parents, have our names listed on our child’s birth certificate to acknowledge parenthood?
Currently, in England & Wales, the law recognises the surrogate as the child’s mother.
Intended parents must apply for a Parental Order after the birth to establish legal parenthood.
The Law Commission wants to give legal parent rights to intended parents from birth. However, these changes are not currently in effect.
Parental Order: What is a Parental Order, and how does it work?
A parental order is a legal process. In this process, the surrogate gives up parental rights. The intended parents then become the legal parents. This process occurs after the child’s birth and typically takes 4-12 months to complete.
Legality of Surrogacy: Is surrogacy legal in the UK?
Surrogacy arrangements are legal in the UK, but there are restrictions. Advertising for surrogacy or receiving payment for arranging surrogacy are criminal offenses.
Current laws prohibit organisations from facilitating surrogacy matches.
Protection in Surrogacy Agreements: What legal protections are available for intended parents and surrogates?
Surrogacy agreements are not legally enforceable in the UK. To lower risks, you can seek legal advice, attend counselling, and clarify your intentions before beginning the surrogacy process.
Seeking legal advice can help you understand the legal implications of surrogacy. Attending counseling can help you navigate the emotional aspects of the surrogacy journey. Clarifying your intentions can ensure that all parties involved are on the same page before moving forward.
International Surrogacy: How does international surrogacy work concerning UK law?
In cases of international surrogacy, intended parents may face complexities regarding legal recognition. In the UK, parents must get a parental order to be legally recognised, even if they are already seen as parents. The process involves applying for a parental order through the UK Family Courts, which can take 6-12 months.
Surrogacy Process: What are the steps involved in a surrogacy journey?
In the UK, the surrogacy process involves several steps. First, embryos are created.
Then, a surrogate is found. Next, a surrogacy agreement is made (which aren`t enforceable). After that, counselling and legal advice are obtained.
Following this, embryo transfer takes place. The intended parents then take care of the child after birth. The parents register the birth and then apply for a parental order.
Rights of a Surrogate: Is it possible for a surrogate to choose to keep the baby?
In England and Wales, the surrogate maintains legal parenthood until the intended parents obtain a parental order. While rare, there is a possibility of disagreement or withdrawal of consent from the surrogate. The Law Commission’s proposed changes aim to address this issue by providing a new pathway to parenthood.
Conclusion:
Surrogacy law in the UK presents a myriad of challenges and complexities for all involved parties. Efforts are being made to improve laws for parents and surrogates, who need to follow the current legal framework carefully.
Getting expert legal advice and understanding the process are important for successful surrogacy arrangements and protecting everyone’s interests involved. As society changes, people will likely debate and examine the rules around surrogacy in the future.