Surrogacy in the UK: legal services

1. 🩺 Helping to understand UK surrogacy laws
2. 🤰 Obtaining a Parental Rights Ordinance
3. ⭐ Addressing issues arising after childbirth

Great Britain is one of the countries where this reproductive method seems to be allowed at the legislative level, but it raises questions. The UK surrogate process presents parents-to-be with many challenges and obstacles. Therefore, childless couples are forced to migrate for a child to jurisdictions loyal to this method of reproduction (Ukraine, Georgia, USA).

Helping to understand UK surrogacy laws

The surrogate motherhood law was adopted in England back in 1985 and assumes only an altruistic (no surrogate mother's fee) type of service. According to this, a surrogate will automatically be considered the legal mother of a born baby that is genetically not her own, and her partner or husband - the legal father. All agreements and concluded documents with her have no legal force. Genetic parents can only formalize legal paternity through a court that, as practice shows, will not always be on their side. All these difficulties and the lack of a guarantee of a successful outcome of the case stop English couples from resorting to surrogate procedures in their country.

Experienced legal team of Feskov Human Reproductive Group has more than once formalized the paternity of prospective parents from the land of rain and fog cooperating with them, surrogate mothers, other related specialists, helping to resolve all legal issues in one place. And this means not only to talk about the nuances of specialized English legislation, but also to provide the necessary support, legal representation that may be needed after the birth of a baby.

Usually, at a meeting with future parents, the following is discussed:

• UK surrogacy legislation;
• formalities of relations with a surrogate mother;
• infertility treatment methods and surrogacy processes;
• registration of the birth of a baby;
• obtaining an Ordinance on parental rights - theory and practice of the court;
• how to successfully cope with the waiting period of legal paternity and uncertainty.

The task of lawyers is to reassure prospective parents and instill in them confidence that all problems can be solved.

Obtaining a Parental Rights Ordinance

Intended parents from the UK have two paths to become legal:

1. Apply for a Parental Rights Ordinance in court. This is done within six months after the birth of the baby. For the court to consider this possibility, one or both parents must be genetically related to the baby, and also have the citizenship of the country. And to set a date for the hearing, the surrogate and her partner are required to draw up a document in which they transfer the rights to the baby to the intended parents.
2. Adoption is carried out in the absence of a genetic link between the parents and the baby, but also after the written permission of the surrogate mother. And one or both parents are required to be citizens of England.

Usually, if all the necessary papers have been completed correctly and the parents meet all the requirements for the issuance of the Ordinance, the court hearing proceeds quickly and without problems. However, many people need support, advice on how to manage the process on their own, help in collecting evidence and legal support from start to finish.

Lawyers also work with parents who, for whatever reason, cannot apply for a Parental Rights Ordinance by selecting a variety of creative, but always legal, ways to ensure the legal status of a new family. The fee for the work of lawyers is already included in the fixed cost of complex surrogacy packages, including donation, services of a VIP surrogate mother and others.

Addressing issues arising after childbirth

Sometimes, legal questions arise during the so-called period of uncertainty, these are those 6-9 months while parents are waiting for a court decision on the issuance of an Ordinance on parental rights. Along the way, lawyers solve all the arising problems of the couple. For example, interaction with a surrogate, registration of a baby's birth, parenting, as well as all the problems that occur with maternity hospitals, doctors, social services and other departments.

Lawyers at Feskov Human Reproductive Group help to solve these problems in the most practical way, with a clear understanding of legal rights before and after the birth of a baby.

Drawing up a will

Also, legal staff provide a wider range of services. For example, such a service as drawing up a will for both intended parents and surrogate mothers in case of sudden death during the surrogacy process in England. Such wills are necessary, first of all, for a born baby, since it may not have automatic inheritance rights from the right people (real parents), until the Parental Rights Ordinance is drawn up and issued.

The expediency of such a step is confirmed by many years of experience. The fact that the procedure should provide the newly-made family with protection in all, even very broad senses.

Provision of international surrogacy services

Lawyers at Feskov Human Reproductive Group provide assistance to British families formed through this reproductive method, living both in the UK and abroad. They offer legal support for the birth of a surrogate child in the USA, Canada, Ukraine, Czech Republic and other countries. If the parents have not yet decided on the appropriate method of surrogacy, it is possible to compare the various options that imply legal paternity, British citizenship and other practical aspects.

If a couple needs more than simple legal advice, the surrogacy agency Feskov Human Reproductive Group will offer practical assistance in tandem with legal and medical services.

As you start exploring options, agency staff will provide impartial, practical advice on all available family-building options through the substitution process in the UK and overseas. They will talk about the available paths, pros and cons, risks and costs. In the Center, you can either bring your surrogate mother from among friends or relatives, or use verified candidates from the database. On the website of Feskov Human Reproductive Group there is always a lot of useful materials on the topic of surrogacy, infertility and other useful content.

Authors, contributors:

Anna Salnikova
Lawyer on Reproductive Rights and Policies in the Reproductive Area

published: 28 December 2021
updated   : 03 March 2023

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