Surrogacy in UK: Key Elements Intended Parents need to be aware of!
Surrogacy in UK is legal for both the local citizens and foreigners. Still, the procedure is subject to a list of rules and regulations. Here, we take a detailed look at various key aspects related to surrogacy in UK.
Who can become a surrogate mother in UK?
It is generally advised that surrogates have already given birth to at least one child, ideally having completed her own family, as the chances of illness and difficulties are significantly higher in the first pregnancy.
In the majority of surrogacy agency in UK, there is no upper age limit for surrogates, however there are certain restrictions because pregnancy risks rise with age. Surrogates must be at least 21 years old to submit an application.
Who is the child’s legal mother?
During surrogacy in UK, even if the kid is not genetically linked to the surrogate, she is still considered the legal mother of any child she carries and is entitled to retain the child.
However, parental orders or adoption can transfer parental rights. It’s crucial to bear in mind that a surrogate has the option of keeping the child up until a parental order or adoption is finalized.
The surrogate’s husband or partner will be the child’s legal father or “second parent” unless:
• the surrogate’s husband or civil partner did not give their wife or partner their consent;
• legal rights are granted to someone else through a parental order or adoption
The kid will not have a legal father or second parent if the surrogate doesn’t have a partner (whether they are married or in a civil relationship), unless the partner actively consents.
How does a parental order function in surrogacy cases?
A court’s decisions about a child’s care are outlined in a set of documents known as a parental order. If you’re not married, you cannot get a parental order during surrogacy in UK.
To help those who used surrogacy become parents legally, 368 parental orders were granted in 2016, up from 194 in 2012.
The intended parents must be genetically linked to the child (for example, the egg or sperm donor) and be married, in a civil partnership, or cohabiting in order to be eligible to petition for a parental order.
A couple must live continuously in the UK, the Channel Islands, or Isle of Man and have the kid live with them, according to UK law.
The only method to become a child’s legal parent in a traditional or straight surrogacy at surrogacy clinic in UK (in the event that the intended parents are not genetically related to the child) or if the intended parent is unmarried is through adoption.
What happens if the surrogate chooses to retain the child?
Generally, it is exceedingly unusual for a surrogate to change her mind about handing over the kid.In contrast to hundreds of successful surrogacy procedures, “there have only been a very small number of contentious surrogacy instances.”
The intended parents can seek the family courts to become involved and decide who the kid should live with if a surrogate wishes to keep a child. The court then determines what is in the child’s best interests under the circumstances.
The government has released guidance on using surrogacy in UK to establish a family for the first time in England and Wales. According to the BBC, it is advised to have formal agreements covering the baby’s conception and any potential interactions between the surrogate and the kid.
Do those who use surrogacy renounce their right to ever see the child?
The surrogate’s legal obligations are terminated when a parental order is issued. Surrogates and biological parents typically keep in touch, though. The Intended parents, on the other hand, need to incur the surrogacy cost in UK along with other related expenses.