What could go wrong with your Surrogacy arrangements?
What could go wrong with your Surrogacy arrangements?
Avoid the pitfalls!
What could go wrong with your Surrogacy arrangements? Surrogacy legal advice below.
Avoid the pitfalls!
Surrogacy arrangements are legal here in the UK, but you should know the following limitations our current laws have:
(1) The surrogate contract is not legally binding
(2). A gestational mother can change her mind about giving you the baby up to six weeks after the birth
(3) You cannot pay a surrogate other than reasonable expenses
We know people have been going abroad for surrogacy arrangement to avoid these limitations and having informal surrogacy arrangements. We understand financial constraints have also left couples making informal arrangements and making court applications themselves.
We have however, seen the dire consequences of this cost cutting exercise and urge you to take the appropriate advice early on and use experienced lawyers trained to ensure you have the best possible chances of success.
The High Court was recently required to address a case where a surrogacy arrangement had failed in that the surrogate refused to give up the baby. This leading case flagged up the serious consequences and risk that can arise by the making of informal surrogacy arrangements. The costs of this case, the financial liabilities of the father and the sad and emotional distress of the intended parents is a warning to those that wish to embark on these arrangements without written agreements and the best advice they can get.
You would not buy a house in the UK without a lawyer so we impress upon you don’t arrange the transaction of acquiring a child without the best possible advice you can get.
(1) Have a written agreement which at least shows a court the parties intention before the conception
(2) Ensure you understand and comply with the reasonable expense laws. Even if going abroad if you are bring the baby back to the UK our laws on this will still prevail
(3) Understand the legal process of getting a Parental Order after the surrogacy and understand the 6 week cooling off period the surrogate has
Be aware of the laws and pitfalls to help you avoid falling into them. We are here to help you at eve