Surrogacy is becoming an ever increasing option for couples wanting to have children.

At Anthony Collins Solicitors, we assist a broad range of clients during their journey to parenthood, including same-sex and heterosexual couples, as well as surrogates and their partners. We ensure that the surrogate, her spouse/civil partner and the intended parents are fully aware of their legal position, regardless of what stage they are at. Whilst surrogacy arrangements are not legally enforceable in England and Wales, we believe that to help provide clarity and good communication between the surrogate and intended parents, they may wish to have a memorandum of understanding. This will clearly set out the wants and expectations of each party. Nevertheless, parties may seek specific advice from us if the arrangements break down at any time.

We can advise intended parents on the steps they need to take in order to be recognised as the legal parents of a child born to a surrogate, including all the procedural steps needed to be taken to obtain a Parental Order in respect of the child. Guidance can be provided as to who will automatically be treated as the child’s legal parent(s) and what arrangements can be made to give the intended parents a say in parental responsibility until a Parental Order can be obtained.

Parental Order Advice

We are able to advise intended parents on the likelihood of making a successful application for a Parental Order, including specific advice in relation to: 

  • The genetic parentage of the child;
  • Whether the surrogate (and her spouse/civil partner, if applicable) consents to the making of the order;
  • Rules of domicile and jurisdiction; and
  • Whether the making of a Parental Order would be considered by the court to be in the best interest of the child.

In the event that the surrogate decides not to consent to the making of a Parental Order, advice can be provided in relation to recourse available from the courts, for both the surrogate and intended parents. If the Parental Order cannot be obtained, we can also provide advice on the alternatives available to the intended parents, such as adoption or Child Arrangement Orders.

We are mindful that often surrogacy arrangements are made, between surrogates and intended parents, where one of both parties is not domiciled in the UK; we quickly identify how these different countries and territories apply different rules in relation to surrogacy arrangements. We can also help identify expert lawyers in other countries to provide specialist advice where needed.

Our family team is recognised for its excellence by the Legal 500 where we are ranked as a Tier 1 firm in the West Midlands and are highly ranked in Band B by Chambers & Partners. We are the only firm with a dedicated children’s team to be ranked this highly be both directories. We have spoken at conferences regarding adoption all over the country including delivering training to government agencies on the law and appeared in all levels of court, including the High Court. 

If you would like further information about adoption or how our family law team can help you, please get in touch.

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