Domestic surrogacy: Key facts…
It’s National Fertility Awareness Week, and today we are covering domestic surrogacy.
Surrogacy is the process by which a child is carried through pregnancy by a woman (the surrogate mother) who has entered an arrangement with a couple (the intended parents) that the child will be handed over to them on birth.
Types of surrogacy
Partial surrogacy is the process whereby the surrogate mother is also the biological mother. The child will be genetically related to the intended father (or sperm donor) and the surrogate mother.
Full surrogacy is the process whereby the woman carrying the child is not genetically related to the child, and therefore the child will have no biological connection to the surrogate mother. The embryo can be created from the egg of the intended mother (or donor egg) and the sperm of the intended father (or donor sperm).
Surrogacy in the UK
It is important to be aware that there have been cases where the surrogate mother has changed her mind and wished to keep the child. The court would then need to become involved to try and resolve the situation. Although the courts are sympathetic to intended parents of surrogacy arrangements, surrogacy agreements are not legally binding in the UK and are therefore unenforceable even if the surrogacy expenses have already been paid. The court will act in the best interests of the child and there is case law which supports both parties to such a case.
There are additional rules when it comes to international surrogacy, and these will be covered in National fertility awareness week: International surrogacy.
The Lester Aldridge family team deal with these and other issues on a regular basis.
If you would like to discuss any aspect of divorce, separation, arrangements for your children or wish to protect your assets prior to getting married, contact the family team on 01202 786161 or email firstname.lastname@example.org.