The law around assisted conception and fertility treatment in the UK is highly regulated and often complex. Things can become considerably more complicated where an informal fertility treatment has taken place outside of a licensed clinic, and particularly where a surrogacy arrangement is involved.
It is essential for any individual in the UK contemplating a surrogacy arrangement (whether they are an intended parent or a prospective surrogate) to take expert legal advice from a family lawyer before they start the process. This is to ensure that all parties involved understand their legal position, rights and what to expect of the process, as it can be legally complex and difficult to navigate.
Early advice provides certainty that the relevant legal processes and principles are being followed to ensure the best prospect of success when applying for a Parental Order.
Where informal arrangements take place outside of a licensed clinic, it becomes much more complicated to ensure that the intended parents have the appropriate parental rights. Issues can also arise around the ongoing rights or responsibilities of a third-party donor in relation to any child born as a result of an informal arrangement.
The process of obtaining a Parental Order requires the intended parents to provide vast detailed records and information about their surrogacy journey. It involves preparation of key legal documents such as extensive witness statements and supporting evidential documents. Instructing a solicitor from the outset means that early advice can be given to ensure that appropriate records are kept, to avoid issues later on. The solicitor can also be on hand throughout the surrogacy arrangement to advise if there are any issues along the way, and they can also assist with organising and preparing the case in real time so that the application can be made as quickly and as efficiently as possible after the baby’s birth.
Even where a surrogacy agreement has been entered into in a country where it would be considered legally-binding, on return to the UK the surrogate who gave birth to the child will be treated as the child’s legal mother. The intended parent(s) will have no legal rights over the child unless a Court application is made for a Parental Order. The Parental Order will also extinguish the legal rights of the surrogate, ensuring that the legal position reflects what was intended by all parties involved.
It is important that anyone intending to utilise any method of assisted conception properly understands their legal rights, as well as the rights of their partner and/or any third-party donor (if applicable). It is especially important for anyone intending to enter into an informal arrangement outside of a licensed clinic to take expert legal advice, as these sorts of arrangements can lead to damaging and complex legal issues around legal parentage for the intended parents, any resulting child, and any third-party donor involved.
Eleanor Tanner is based at our Basingstoke office but can accomodate a free initial consultation at a location near you or over Zoom if preferred.
Address
Grosvenor house
Basing View
Basingstoke
RG21 4HG
Contact
We’re recognised by the Legal 500 as a Leading Firm in a number of practice areas. That means that an external, objective body has scrutinised our competency and client reviews, and found us to be one of the top family law practices in the UK.
Our lawyers are members of Resolution, so we are committed to a Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.
