There are various ways to build your family, including egg or sperm donation, IVF, surrogacy and co-parenting. We understand that each family has a unique set of needs and advise you to seek legal advice at an early stage to obtain the necessary assistance with navigating the surrogacy process.
What does a surrogacy solicitor do?
Navigating the path to parenthood through surrogacy can be complex, but our dedicated solicitors are here to guide you along the way. We’ll help you anticipate and reduce the uncertainties from the very beginning, ensuring a smoother journey towards your future family. Whether you require a surrogacy agreement, a Parental Order, or guidance through the adoption process, our experienced team is ready to provide the clarity and support you need.
Are surrogacy agreements legally binding?
Surrogacy agreements in England and Wales are unfortunately not binding and can mean that the surrogate can change her mind about surrendering her parental rights to the child that she is carrying, pending the Court granting a Parental Order in favour of the intended parents to become the legal parents to the child.
This is very rare, but nevertheless is a huge concern for many considering the surrogacy process.
Despite surrogacy agreements not being legally binding in this jurisdiction, they are still an incredibly helpful document to have in place because they record the intentions of the parties involved at the time that the document was entered into. They are used to set out the intentions of the parties, both during pregnancy and beyond.
In unfortunate circumstances in which there is a falling out between the surrogate and intended parents, the surrogacy agreement will be used as a persuasive instrument to illustrate to the court what the intentions of the parties were.
What do surrogacy agreements cover?
Surrogacy agreements generally include the following to ensure that everyone is clear about the agreement:
- Full details of parties involved
- Conception agreements – including embryos and clinic details and any particular treatment considerations
- Decisions and commitments during the pregnancy including who will attend the scans and other antenatal appointments
- Agreements and medical treatment during the pregnancy
- Birth arrangements – including who will attend
- The intention that a Parental Order will be sought by the intended parents and the surrogate’s agreement to this
- The surrogate’s contact with the baby following the birth (if any) in order to manage everyone’s expectations
- How key decisions will be made during the course of the surrogacy
- Clear guidance around expenses, how and when they will be paid and any circumstances which may trigger additional payment
- Life insurance for the surrogate and up to date wills for the intended parents.
What costs are involved within the surrogacy journey?
There are various costs involved with the general process, but by far the biggest cost is likely to relate to conception, dealing with the creation and transfer of embryos at a fertility clinic.
The vast majority of all UK fertility treatment for surrogacy is privately funded.
The second largest cost will be to your surrogate. Whilst some surrogates may not want to be reimbursed for their out of pocket expenses, it is most common that an agreement is reached between the surrogate and intended parents as to the costs which will be covered.
There will also potentially be travel costs for the intended parents’ travel and accommodation, depending on where the surrogate is based and how often they plan to visit during the pregnancy.
Another cost to factor in is legal advice. It is advisable to seek legal advice at an early stage to obtain the necessary assistance with navigating the process.
What happens once your baby is born?
When your baby is born, your surrogate will be your baby’s legal mother under UK law. You will need to apply for a Parental Order through the courts, after the birth, to reassign parental rights fully to you.
If you are not eligible to apply for a Parental Order because, for example, neither of you are your baby’s biological parent, then you may consider applying for an adoption order to adopt your baby formally. It can take some time to apply for both of these orders. B P Collins can help you navigate the process and advise on the best option for you.
Why choose B P Collins as your family solicitors?
With over 50 years of experience and extensive knowledge, our friendly team of family solicitors are here to support you every step of the way.
B P Collins is a multi-award winning law firm, with many of our practice groups maintaining a top-tier ranking in independent legal directories such as Chambers HNW, Chambers UK and The Legal 500, with individual lawyers recognised as leaders in their field. The firm has been named in The Times Best Law Firms from 2022 to 2024.
Contact our surrogacy solicitors today
For further information or advice, please contact our surrogacy lawyers on 01753 889995 or enquiries@bpcollins.co.uk.
