A "mother" is the woman who gives birth to a child, whether that child was conceived by artificial means or not and whether or not she is genetically related to the child.

The definition of a "father" is the man who is genetically related to the child. This is more complicated in circumstances where a child is born as a result of assisted conception techniques. In those circumstances who the father is will depend on whether the mother is married or has a partner and if that person consents to her receiving medical treatment services to enable her to become pregnant.

If a child is born to a woman who has a husband the law assumes, provisionally, this man is the father. If a woman's husband or partner can show he did not consent to the treatment she was receiving then the child will be legally "fatherless."

These definitions create problems in surrogacy where the intention of all those involved is that the woman who gives birth should not be the mother of the child and the father is not to be her spouse or partner.

Beware of committing a criminal offence.

To advertise to be a surrogate or for a surrogate or to pay for surrogacy services is a criminal offence punishable by a fine or a prison sentence. Support organisations such as COTS can operate as just that but do not organise surrogacy arrangements for this reason.