It is essential to obtain legal advice before entering into a surrogacy arrangement even if the other party involved in the arrangement is a family member.

Surrogacy Agreements

A surrogacy agreement is one entered into before the artificial insemination or other medical procedure takes place to effect conception. It is often a requirement of fertility clinics that a surrogacy agreement is signed before treatment begins. These agreements are not legally binding on any party but are extremely useful for each party to understand their respective obligations. These agreements can cover who makes decisions during pregnancy, life insurance, who will be present at the birth, when the child will go home and with whom etc.

When a child is born there is a duty upon the parents to register the birth within 35 days. The legal parents at birth are the woman who gives birth to the child and either her spouse/partner or the intended father if he is genetically related to the child or no-one, if an anonymous sperm donor was used. We will need to discuss with you whether the intended father can be registered on the birth certificate or not.

Parental Order

Both intended parents will need to make an application to the court for a Parental Order which permanently changes who the child's legal parents are. The effect of the order is that the parental responsibility and status of the surrogate woman and any father is extinguished and the intended parents become the child's permanent parents in law. In effect this procedure offers a "fast track adoption service."

To qualify for a Parental Order the application must be by consent, the intending couple must be married and must have a genetic link to the child by one or both of them contributing eggs or sperm and the pregnancy must be achieved by artificial means. There are also other conditions about age, residence and timing of the application among others.