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Surrogacy Law

Surrogacy 

We can assist with listening to you and understanding the parameters of the relationships between donor and intended parent and assist with drafting an informal outline pre- conception agreement. 

It is widely recommended to enter into a donor conception agreement so that all involved understand their legal positions and this facilitates open and collaborative discussions between the parties so that all issues of a practical, ethical and moral dimensions are explored at the earliest possible opportunity creating a relationship of deep understanding and common purpose.  

A Surrogacy Agreement is not binding; that is not permitted in the UK. However, it is important that such a life changing and life creating event takes place within a framework of trust and agreement and an understanding of expectations both in the short and long term with some certainty as to the way forward.  The Surrogacy Agreement provides the legal framework for issues and agreements raised in discussions. As the agreement is not binding, it cannot be enforced if it is breached, however it is expected that the pre- conception discussions will have been conducted fully and openly and therefore disagreements are unlikely to occur. 

If you are considering conceiving with a sperm donor, then the circumstances at the time of conception will determine who is considered your child’s legal parent. The law in this area can be complicated and it is important that your legal rights and obligations are fully understood, not just for your sake, but for that of your unborn child. 

All parties to the arrangements should be included in discussions and negotiations so that shared parenting values, moral standpoints and matters of importance are openly discussed pre-conception. We recommend that if these discussions are difficult and professional support is needed to reach a consensus in the best interest of the child, that a trained child mediator assist and support you with your discussions. Pre- conception mediation is constructive and gives the parties the opportunity to fully consider all aspects of how the complex parenting dynamic will work in the real world. 

This gives the surrogacy the best chance of success if all involved are on the same page and have an agreed overview of their roles in the surrogacy arrangement and the way the child will be parented and nurtured. The conception process can then be started with confidence that there is a high degree of alignment on practical, ethical and moral issues both ante natally and post natally. 

The agreement will include details of the parties’ issues, discussions and agreements reached such as:

Decisions about the pregnancy and ante natal care
The ante natal preparation and who will be involved
Birthing and immediate post- birth arrangements
How any complex medical issues that could unfold will be dealt with 
The application for the parental order
Expenses and arrangements for payments
Child arrangements 
How the child’s emotional, educational and health needs will be met 

The surrogacy agreement is a formal record of the parties’ intentions and wishes. This is helpful should there be a breakdown in the relationship or there is an urgent situation where a third party such a as a hospital may need to understand the arrangements. 

Surrogacy law in the UK is developing and complex. In order to be recognised as the child’s legal parent, you must apply for a parental order. This is whether you are entering into a surrogacy agreement in the UK or abroad

We can guide you through and represent you in the application for a parental order so that legal recognition of your parental status and parental responsibility is achieved. 

It is imperative that you contact us at an early stage of your surrogacy journey the surrogacy process, so that you have full legal advice throughout the pregnancy to birth and beyond. 

 

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