Since 2007 the number of people taking the required legal steps to obtain recognised parental rights and responsibilities for children born through the use of a surrogate have tripled in the UK.
There are a whole range of factors behind the sizeable increase, including social factors and the ability to have a genetic link to the child. There have also been a number of high profile cases of the use of surrogates, including Oscar winner Nicole Kidman and her husband Keith Urban, and actors Sarah Jessica Parker and Matthew Broderick.
Alison McKee, a Partner in our Family Law team who has particular expertise in dealing with the legal issues surrounding surrogacy, said: “Although surrogacy can provide the solution for many families, the legal and practical aspects of the process should not be underestimated and should form an integral part of early planning discussions. This is essential to ensure the relationship between the child and its intended parents is given the correct legal standing.
“Early consultation with lawyers experienced in the field of surrogacy can also help smooth out or prevent any practical issues which might otherwise arise.”
Key facts:
- Partial surrogacy involves the surrogate mother’s eggs being fertilised with the intended father’s sperm
- Full surrogacy means there is no genetic link between the surrogate mother and child, and involves implantation of an embryo using: the eggs and sperm of the intended parents; or a donated egg fertilised by the sperm of the intended father; or donor eggs and sperm
- It is illegal to advertise for a surrogate, or for a surrogate to advertise her services. Potential surrogates may be met via the non-profit organisation Surrogacy UK
- Surrogate mothers can’t be paid a fee, but can be paid “reasonable expenses”
The issues and practicalities were discussed on The Report on Radio 4 (21 August 2014). The programme highlighted the importance of trust currently involved in making surrogacy agreements and the need to improve regulation in the UK system.
If you are considering surrogacy or adoption, it is important to seek legal advice as early as possible to help you through the process.
