Surrogacy Solicitors
We are specialist surrogacy solicitors offering you legal support and guidance throughout the surrogacy process.
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Surrogacy legal services and advice
Embarking on the journey of having a baby by surrogacy brings both emotional and legal hurdles. Navigating surrogacy law, particularly in the UK, can be daunting and leave certain parties vulnerable. It’s vital you understand the legalities of surrogacy law in the UK, before beginning your journey.
Our team of surrogacy lawyers is dedicated to guiding you through every aspect of the journey. From navigating the complexities of UK surrogacy law to ensuring your rights are protected throughout the process, we provide comprehensive legal support tailored to your specific needs. Explore our guide to surrogacy and parental orders for more insight into the process.
The role of a surrogacy lawyer
Our lawyers will be there to help you at every and any stage of the surrogacy process. From understanding your rights, to helping you with a parental order and adoption proceedings.
- Our surrogacy lawyers can provide initial advice before embarking on your surrogacy journey, whether you are the intended parents or surrogate and can provide confirmation for your clinic as required
- We’ll advise on agreements that have been reached between intended parents and surrogates, covering important aspects like parental rights, financial agreements and expectations
- We will guide you through court proceedings to obtain legal parental rights and finalise the surrogacy arrangements
Our surrogacy services extend beyond birth, assisting with legal procedures such as parental orders and ensuring a smooth transition into parenthood. With our expertise and dedication, our surrogacy lawyers are here to simplify the legal process and provide peace of mind as you embark on your surrogacy journey.
How does the surrogacy process work?
When looking into surrogacy law, there are lots of things that can cause confusion. It is important to set realistic expectations of what this process involves, to prevent disappointment or unexpected issues throughout. We are here to provide you with the essential information as you make this decision so that you can fully understand each step of the process. The surrogacy process in the UK typically involves several key steps.
Initial consultation
The ‘intended parents’ (the individuals or couples who wish to have a child through surrogacy) typically start by seeking guidance from surrogacy professionals. During this consultation, you can discuss your options, understand the legal framework, and determine the best course of action.
Finding a surrogate
You can find a surrogate through various means, including personal connections, surrogacy agencies, or online platforms. Matching with a suitable surrogate involves careful consideration of compatibility, shared values, and expectations.
Agreements
Once a surrogate is found, terms should be agreed to outline the rights, responsibilities, and expectations of all parties involved. This includes parental rights, financial arrangements, medical decisions, and any other relevant issues. These agreements are not legally binding but are designed to build trust between parties and to ensure all involved feel confident in the process. Your clinic will also require confirmation that all parties have sought independent legal advice.
Medical procedures
The medical aspect of surrogacy involves various procedures, including fertility treatments such as in vitro fertilisation (IVF) to create embryos using the intended parents’ or donors’ genetic material. These embryos are then transferred to the surrogate’s uterus through embryo transfer procedures.
Pregnancy and birth
Throughout the pregnancy, the surrogate receives medical care and support from healthcare professionals. Intended parents may be involved in prenatal appointments and provide emotional support to the surrogate. After the birth of the child, legal procedures such as parental orders must be pursued to establish parental rights for the intended parents.
Post-birth arrangements
Legal procedures are finalised to ensure that parental rights are transferred to the intended parents. The role of the surrogate in the child’s life moving forward will depend upon the terms agreed between you prior to the pregnancy and the agreement entered into will be vital for managing expectations here.
Speak to a solicitor
Whether you are currently going through the surrogacy process and need legal assistance, or you have some questions you would like a solicitor to answer, we can help. You can call, email or come into one of our seven offices.
Call us
With seven offices around the South West of England, we have multiple offices you can call.
Email us
If you would like to drop us an email you can on info@goughs.co.uk
Visit us
With offices in Calne, Chippenham, Corsham, Devizes, Melksham and Trowbridge, you can pop in and see us. View office locations.
Parental orders in surrogacy
So that you are your child’s legal parent, giving you parental responsibility for your child, you must make an application to the courts for a Parental Order. This makes you the legal parent and removes all the legal rights and responsibilities of the surrogate. We can support you with the application process, what it will involve, and the requirements for the court. To apply for a Parental Order, you must meet certain criteria.
- Our surrogacy lawyers can provide initial advice before embarking on your surrogacy journey, whether you are the intended parents or surrogate and can provide confirmation for your clinic as required
- We’ll advise on agreements that have been reached between intended parents and surrogates, covering important aspects like parental rights, financial agreements and expectations
- We will guide you through court proceedings to obtain legal parental rights and finalise the surrogacy arrangements
FAQs about Surrogacy in the UK
Surrogacy is an arrangement where a woman carries and delivers a baby for another person or couple, who will then become the child’s legal parents. There are two main types: traditional surrogacy, where the surrogate’s own egg is used, and gestational surrogacy, where the surrogate carries a baby conceived using the intended parents’ egg and sperm or donor gametes.
Surrogacy in the UK is governed by the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008. These laws allow surrogacy but prohibit commercial surrogacy arrangements.
Surrogacy may be chosen by individuals or couples who are unable to conceive or carry a child themselves due to medical reasons, or same-sex couples who wish to have a biological child.
In the UK, surrogates can receive reasonable expenses related to the pregnancy, but it is illegal to pay them for their services.
Surrogacy is not typically available through the NHS, but individuals may seek fertility treatment privately.
Paying a surrogate in the UK is illegal due to concerns regarding exploitation and commodification of women’s bodies.
In the UK, intended parents can be involved in choosing their surrogate through licensed surrogacy agencies or by finding a surrogate independently. It is illegal to advertise as a surrogate under UK law.
Some argue that UK surrogacy laws are outdated and in need of reform to better protect all parties involved and accommodate modern family structures. Recent proposals have been made to the Government for how these laws should be revised but at present, these changes have not been approved.
To begin the surrogacy process, individuals or couples should seek legal advice, find a reputable surrogacy agency or support group, and consider their options for fertility treatment and finding a surrogate.
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Why work with Goughs?
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Largest solicitors in Wiltshire
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