Surrogacy can be a confusing process, but if you are thinking about international surrogacy it can seem even more so as there are all sorts of additional things to consider. Biscoes specialise in legal matters around surrogacy and have provided this FAQ to help answer some of the most common questions.
Is international surrogacy legal?
Surrogacy is lawful in some Countries, but it is restricted or prohibited in others.
Why do people choose to travel abroad for surrogacy arrangements?
Surrogacy in the UK is legally restricted and this means that surrogacy arrangements are not legally binding. For some intended parents they want the security of a legally enforceable arrangement that cannot be obtained in the UK.
If my child is born abroad how do I get him/ her home to the UK?
Returning home with a child that has been born outside the UK can be a lengthy and complex process. You will need to carefully consider the immigration laws to ensure that you obtain the correct documentation.
How do I get a British birth certificate?
The making of a parental order will trigger the issue of a British birth certificate.
Who will be the legal parents in the UK to our child born through surrogacy abroad?
The UK laws relating to surrogacy state that the legal parents will be the surrogate and, if she has one, her spouse. To be legally recognised as the child’s parents in the UK intended parents need to apply for a parental order. Not everyone can apply for a parental order as there are a number of restrictions that need to be considered.
What happens if I do not apply for a parental order?
Firstly, one or both of the intended parents will lack legal parenthood and parental responsibility for the child. This will instead be retained by the surrogate mother and who will likely live abroad.
From the child’s point of view they will not be entitled to a British birth certificate that names their intended parents, affecting their sense of identity.
Failing to obtain a parental order becomes particularly problematic should one or both of the intended parents die, separate or should a dispute arise between the intended parents and the surrogate.
Biscoes provide expert, bespoke and cutting edge legal assistance to people across the country and around the world. Their fertility specialists can offer expert and individual
advice to support you in building your alternative family whether you are a single sex couple, single parent, fertility patient, or using donor conception.