Surrogacy Law

Whether you wish to be a surrogate, or plan to conceive a child using a surrogate, you should be aware of your legal rights and obligations. Surrogacy is strictly regulated - get legal advice before you agree to anything.
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Overview

Surrogacy solicitors: Expert legal advice

Please be aware that if you choose to enter into a surrogacy agreement, a solicitor will be unable to offer any advice, due to the Surrogacy Act 1985 which prohibits surrogacy being for commercial gain.

What is a surrogacy agreement?

While surrogacy agreements are not legally enforceable in England and Wales, many intended parents do still choose to enter into a surrogacy agreement, because it sets out important and often sensitive information ahead of the birth of the child such as:

  • the time and place of conception i.e. using a fertility clinic or at home.
  • the expenses of the surrogate mother to be paid by the intended parents
  • when the baby will be handed over to the intended parents
  • if there will be any contact between the surrogate and the baby after the baby is handed over to the intended parents.

You may find our page on fertility law useful also.

Surrogacy disputes

Often, intended parents considering surrogacy, worry about what will happen if the surrogate does not hand over the baby at birth. There are applications that can be made to the court by the surrogate or intended parents, through the Children Act and you should take specialist legal advice. 

At Tees, we have expertise in resolving complex surrogacy disputes. We can represent parties in court on these applications. We also offer mediation, if appropriate, where we will meet you to identify and discuss the issues and reach an agreed way forward together.  

How we can help

If you’d like to meet one of our experts for a confidential, no obligation chat, please get in touch.

We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales.

The family team at Tees is led by dedicated and committed partners whose professionalism percolates through the whole department.

What is a parental order?

To be recognised legally as the parents of the child, the intended parents must apply for a parental order. This must be done within six months of the child being born. You can apply for a parental order if you are married or are a civil partnership couple. For single parents the law is a little more complex. 

Should I make a special will?

Just as when you become parents in any circumstance, it’s important to update your will. You will need to consider:

  • any wishes concerning the child
  • add a guardianship clause
  • your wishes relating to your pension
  • temporary provisions whilst the parental order is ongoing. 

At Tees, our specialist wills solicitors can help draft your will. 

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If you’d like to meet one of our experts for a confidential, no obligation chat, please get in touch.