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.

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.

As a surrogate mother, you will need to ensure that your status as mother is extinguished in favour of the intended parents by them issuing an application for a Parental Order.