We understand how challenging the process can be and understand that, just as no two families are the same, those embarking on the surrogacy process need support tailored to their unique circumstances at every stage – before conception, during a pregnancy and even after their child has been born.
At Hall Brown, we can explain and guide you through the surrogacy process in a sensitive, clear and concise way. In the UK surrogacy is governed by two pieces of legislation. Whilst surrogacy is perfectly legal in the UK, “commercial” surrogacy (i.e. surrogacy for commercial gain) is not. If your surrogate lives abroad and you are therefore embarking on an international surrogacy arrangement and your child is going to be born abroad, various additional factors will need to be considered and addressed such as how parenthood is legally determined in that country, immigration issues and applying for a Parental Order here in England and Wales.
At Hall Brown, we can explain and guide you through the surrogacy process in a sensitive, clear In order for intended parents to become the legal parents of a child born as the result of a surrogacy arrangement (here or abroad) they need to obtain from the court something which is known as a Parental Order. As matters stand in England and Wales, a Parental Order can only be obtained after the child has been born. If a “pre-birth order” is granted in a foreign court this will not be recognised in England and Wales. It is important to understand that a surrogacy agreement in any form is not legally binding here. There cannot be a transfer of legal parenthood from the surrogate to the intended parent/s without a Parental Order which has been granted by the court.
Surrogacy is an evolving area of law. For example, on 3 January 2019, parental orders became available to single parents as well as couples. The Law Commission published further provisional surrogacy law reform proposals in June 2019 (https://www.lawcom.gov.uk/document/surrogacy-
consultation/) and their final report is expected in early 2022. Given these developments, it is vital you obtain up to date advice from a specialist solicitor if you are considering adding to your family via a surrogacy arrangement.