The path to parenthood isn’t as simple as we think it is. Still, while infertility may turn the beautiful dreams into a nightmare within no time, we have a savior in the name of surrogacy. That said, there are countries like UK that does permit surrogacy. Yet, you got to adhere to the laws and regulations in the same regards.
Is surrogacy legal in UK?
Surrogacy is legal in UK subject to the fulfillment of certain legal requirements. Technically, the surrogacy agreements are unenforceable in the country. So, you got to go ahead in good faith with the surrogate mother while signing the agreement.
On the other side, it is illegal for any third party, even a surrogacy agency in UK, to negotiate a surrogacy agreement with the intended parents and the surrogates. Hence, they can only guide and assist you in the same regard while making you aware of every legal ramification.
Following the birth of a child, the intended parents are required to submit an application for a parental order, which permanently reassigns parental responsibility to them and results in the reissue of the birth certificate for their child.
The same rule applies even when you are pursuing surrogacy for LGBT couples in UK. So, before moving forward with a UK surrogacy arrangement, it's important to make sure you meet the requirements for making a parental order.
On the other hand, even if you cannot fulfill the legal requirements, you must always come up with an alternative plan to ensure the right future for the born child.
Legal complications involved in surrogacy for LGBT couples in UK
Parental orders and legal parenthood
The laws and guidelines are quite similar for even surrogacy for 2 dads in UK. Moreover, regardless of the place and region where the kid is born, your surrogate is the child's legally recognized mother under UK law.
Besides, who is recognized as your child's father is tricky and mostly determined by a number of factors, including genetics, your surrogate's marital status, and the location of conception. Moreover, the legal remedy in the UK is a parental order, which extinguishes the legal status and obligations of your surrogate and reassigns parenting completely and permanently to you both.
Additionally, it results in the renewal of your child's birth certificate (or the issuance of a first British birth certificate if your child was born abroad) naming both of you as the parents. Furthermore, since 6 April 2010, same-sex parents have been entitled to request a parental order during surrogacy for 2 dads in UK.
Additional legal complications
Since it may take several months to acquire a parental order, you should consider your legal rights and obligations while you wait for the situation to be fully settled. This is where dealing with a reputed surrogacy agency in UK is certainly a good idea.
You might also wonder if you are entitled to the typical rights to adoption leave and what your rights are at work as a new parent. That said, in order to safeguard your surrogate, her family, and your kid, it is crucial that you create plans for what will happen in the event that you or your surrogate pass away.
Surrogacy for female same-sex couples
In reality, female same-sex couples rarely use surrogacy in UK. Still, you must ensure that you can establish your status as the child's legal parents upon its birth given your surrogate will serve as the child's legal mother.
Only if one of you supplied the eggs would you be eligible to submit an application for a parental order (to become the biological parents) (or, if one or both of you is transgender, that you have provided the sperm). If neither of you are the child's biological parents, surrogacy for LGBT couples in UK will be significantly more difficult and require very careful legal preparation.
The legislation is the same for you if one of you is a genetically connected parent as it is for other couples. You can be trying to find a surrogate in the UK or you might have a friend or relative who is willing to be your surrogate. As an alternative, you might be thinking about a global surrogacy agreement.
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