What should you consider when entering a surrogacy arrangement abroad?
International Surrogacy Arrangements
International surrogacy is permitted in the UK, but the legal process can be complex. UK law does not recognise commercial surrogacy arrangements made abroad, and Intended Parents must navigate British immigration and parentage recognition laws upon returning with the child. Intended Parents must apply for Parental Orders to transfer legal parenthood, which can only be done post-birth and requires the consent of the surrogate and their spouse/civil partner.
When considering surrogacy abroad, it is important to understand the legal complexities involved. Here are some key points to consider:
1 – Legal Permission: Ensure that surrogacy is allowed in the chosen country.
2 – Parent Recognition: Check if the Intended Parents will be legally recognised as parents at birth and what steps are needed for this.
3 – Surrogate’s Legal Status: Understand the Surrogate’s legal status regarding the child at birth.
4 – Surrogate’s Spouse: If the Surrogate is married, know the legal status of her spouse regarding the child
5 – Agency Role: If an agency is involved, clarify their role in matching the Surrogate with the Intended Parents.
6 – Surrogate’s Preparation: Ensure the Surrogate has received adequate information, preparation, and support.
7 – Surrogacy Agreement: This a set of terms agreed by both parties. In the UK, they are not legally binding or enforceable, but they can help manage expectations. Agree the timing for this to be put in place i.e. before or after embryo transfer.
8 – Language Barriers: If the Surrogate does not speak English, make arrangements for her to understand the agreement. For example, supporting her in obtaining her own independent legal advice, translating documents and providing an interpreter.
9 – Contact Arrangements: Decide on the contact arrangements between the Intended Parents and the Surrogate during pregnancy and after birth.
10 – Jurisdiction: Determine the jurisdiction for the embryo transfer and where the Surrogate will live during pregnancy.
11 – Child’s Nationality: Know the child’s nationality at birth and the steps needed for the child to travel to the UK.
12 – Immigration Advice: Seek separate immigration advice to secure the child’s travel to the UK and understand the child’s status once in the UK.
13 – Record keeping: It is vital to keep a clear chronology of events and documents.
Navigating the Process
For those considering surrogacy, here are some essential steps:
1 – Seek early Legal Advice – Engage a specialist surrogacy lawyer to understand your rights and responsibilities.
2 – Work with a Reputable Agency – If going abroad, research surrogacy agencies and clinics carefully.
3 – Create a Clear Agreement – While not legally binding or enforceable in the UK, an agreement can help manage expectations and avoid disputes.
4 – Prepare for Parenthood – The legal process doesn’t end at birth; ensure you complete all necessary legal formalities such as applying for a Parental Order.
Final Thoughts
Surrogacy offers an incredible opportunity for individuals and couples to become parents, but it is not without challenges. Understanding the legal framework, ethical considerations, and emotional journey is key to a smooth and successful experience. If you’re considering surrogacy, seeking professional guidance early can help ensure a legally sound and positive path to parenthood.
