Alternative Families

Surrogacy is legal in the UK, however there are a number of legal considerations to be made when going through the process. For example, surrogacy agreements are not automatically enforceable in the UK so must meet certain requirements for the court to consider them.

In a surrogacy arrangement the surrogate who has given birth will automatically be the child’s legal parent. This is the case even if the child and the surrogate are not genetically related. If the surrogate is married or in a civil partnership, the surrogate’s partner will be the child’s second legal parent. The intended parents of the child must obtain a Parental Order to become the child’s legal parents.

You may apply for a Parental Order within 6 months of the child’s birth by completing a C51 application form for a parental order and sending it to a family court. The child must be living with the applicant permanently in the UK, Channel Islands or Isle of Man. If you are applying as an individual, you must be genetically related to the child. If applying with a partner, one of you must be genetically related to the child. You will need to provide the child’s full birth certificate and the court fee of £255.

The court will set a hearing date and provide a C52 acknowledgement form, which must be provided to the child’s legal parents. The legal parents of the child must be in agreement for the Parental Order to be granted.

Note that the process is different in Northern Ireland and Scotland.

There are many practical considerations involved in surrogacy so it is important that all parties are clear on what is expected of them. It is a criminal offence for third parties, including solicitors, to negotiate the terms of a surrogacy agreement for any payment, however, there are a number of non-profit organisations which can lawfully assist with this.

Individuals are not permitted to advertise that they are seeking a surrogate or that they are a potential surrogate. There are however organisations that can help intended parents to find surrogates, where asking family or friends is not an option.

Using surrogacy for financial gain is not permitted, however, intended parents may cover a surrogate’s reasonable expenses, such as the surrogate’s loss of earnings, additional food and other supplements and maternity clothes.

Fertility lawyers can assist with navigating the often complex legal and practical considerations involved in matters such as fertility treatment, adoption, donor conception and applications for parental orders following IVF or surrogacy.

Sperm donors who donate through a Human Fertilisation and Embryology Authority licensed clinic will not be legal parents of any child born. They will not be named on the birth certificate and will have no legal rights over how the child will be brought up. They will also have no financial responsibility to the child.

Sperm donors who donate through an unlicensed clinic will be the legal father of any child born under UK law and will have certain rights and responsibilities.

The person who gives birth to a child will always be considered the child’s legal mother, even if the egg used has been donated by someone else. It is therefore important that a Parental order is obtained to transfer parental rights to the intended parents.

Adoption is the legal process where parental rights and responsibilities are transferred to the adoptive parents of a child.

This may happen in different ways, including:

• Adoption of a child from foster care;
• Fostering a child with a view to adopting them;
• Non agency adoption, for example adopting as a step parent; or
• Adoption of a child from overseas.

The first step in the adoption process is to contact an adoption agency. They will send you information about the process and then arrange to meet you. If you agree to continue with the process, they will provide an application form. When the agency receives your application it will invite you to a series of preparation classes. The agency will carry out an assessment process involving a visit from a social worker, a police check and seeking input from referees. You will also be required to undertake a full medical examination. An independent adoption panel will review the assessment report produced by the agency and make a recommendation. The approval process normally takes around 6 months.

If the adoption agency decides that you can adopt, it will begin the process of finding a childs. If the agency decides that you cannot adopt, you may challenge that decision by writing to the adoption agency or applying to the independent review mechanism.

To make an adoption legal you must then apply for an adoption court order, which gives you parental rights and responsibilities for the child.

Single individuals may adopt as long as they are over 21 years of age. Note that different rules may apply for private adoptions and adoptions of looked-after children.