Surrogacy Solicitors
Planning to have a child through surrogacy is exciting, but it can also be overwhelming. Trying to navigate your options, considering the practicalities, costs, and legal implications (including securing a Parental Order, Immigration and even Estate Planning) is daunting, and it can be difficult to know where to start.
We understand the emotional toll that embarking on surrogacy can have, and we’re here to support you, no matter what stage of the journey you’re at.
Why do I need a lawyer to help with surrogacy?
It’s important to understand the legal requirements when you’re making your plans, so we’d encourage you to speak with us as early as possible.
When a child is born through surrogacy, the surrogate is the child’s legal mother at birth, and if she’s married/in a civil partnership, her spouse/civil partner may be recognised as the second legal parent.
Many countries and legal jurisdictions across the world give legal rights to the intended parents of a child born through surrogacy, but there are no such automatic rights in England, Scotland, and Wales – and there is no automatic recognition of legal rights acquired abroad. This is even if both the sperm and egg of the intended parents are used in the process.
After the child is born, intended parents must apply for a Parental Order to transfer legal parentage from the surrogate to themselves. This is done through the Family Courts in England and Wales.
Our surrogacy lawyers can guide you through this process, whether your child is being born in the UK or overseas.
Speak to our experts
We have the largest private client team in the UK; our team of experts are here to provide discreet legal advice to support you and your family.
We’re here to help
Complete our enquiry form and one of our experts will contact you by the next working day.
Alternatively, you can call us now.
Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).
03301624891
What is a Parental Order?
With the birth mother being recognised as the legal mother of the baby, the parent/s wishing to be the legal parents must apply for a Parental Order. The application needs to be made to the Court within six months of the child being born.
There are a few things the Court will consider when granting a Parental Order, including:
- One of the intended parents must be biologically related to the child
- The surrogate (and her spouse/civil partner if applicable) must consent.
Any payments that are made and exceed ‘reasonable expenses’ of the surrogate must also be approved by the Court.
Why choose Irwin Mitchell’s adoption solicitors?
Our surrogacy solicitors are part of one of the largest Family law teams in the UK. We have helped thousands of families with the most complex family law issues, including surrogacy.
Our team understand the excitement you will be feeling after starting your surrogacy journey. We want to be part of that journey with you, making sure you have everything set in place.
We’re recognised as leaders in the industry by independent legal bodies including the Legal 500. Of our team, they say:
“Irwin Mitchell’s family practice is ‘excellent in terms of attention to detail and the way it deals with clients.”
Frequently Asked Questions
Every adoption will take a different amount of time.
Given the assessments undertaken, if anything needs further investigation, it can delay the process.
This is why it’s important to have expert adoption solicitors by your side to help if any issues arise.