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Surrogacy is the procedure where a couple makes an agreement with a woman (the surrogate) to conceive a child for them, carry it to term and then give her parental rights to the intended parents.
In the UK it is illegal for any third party (professional or individual) to broker a surrogacy agreement. Some intending parents go abroad to find a surrogate mother but it is important to note that if the intended parents are domiciled in the UK then English surrogacy law will apply, irrespective of the international arrangement.
If intending parents have an international surrogacy arrangement then immigration advice would be recommended as they will have no status as the baby’s legal parents in England and Wales regardless of rights that might be recognised in the other country.
To obtain parental responsibility and extinguish the status of the surrogate mother it is necessary to obtain a parental order.
When a parental order is granted a new UK birth certificate can be issued which names the intended parents as the child’s legal parents.
There is a time limit of 6 months from the birth in which to make the application to the Court and it is therefore advisable to take legal advice early.
Jordan Williams Law are specialists in their field. They practice family law in the Wimborne, Poole, Bournemouth and surounding areas. Contact them now.