Starting a family through surrogacy
Surrogacy is becoming increasingly recognised as a valid way of starting a family. As such, the Law Commission is now seeking a change to the current law to bring it up to date.
So what is surrogacy?
Surrogacy can take one of two forms,
Traditional Surrogacy (TS) or Straight Surrogacy
The Surrogate will use her own eggs which are fertilised with the sperm of the Intended Father.
Gestational Surrogacy (GS) or Host Surrogacy
The Intended mother will use her own eggs or donor eggs with the sperm of the intended father and the fertilised embryo will be transferred to the surrogate.
It is essential to obtain legal advice to protect yourself, your family, the surrogate and the unborn child. Making a Will and securing life insurance is a vital part of surrogacy.
A surrogate will then offer to carry the child to full term for the Intended Parents (IPs). The intention behind the arrangement is that the intended parents, not the surrogate, will care for the child and have parental responsibility. However with the current law, at birth, the surrogate will be the legal guardian of the child, and if she is married, her partner will be the other legal guardian. The IPs can then apply for a Parental Order to transfer legal guardianship to the IPs. This is can be a tricky area of the law and it is important to have a Surrogacy Agreement to dictate the wishes and feelings of all parties which helps to avoid dispute.
The UK surrogacy laws do not allow for a commercial arrangement to be legal. Therefore surrogates may only claim reasonable expenses during the surrogacy arrangement. This can be for anything from travel expenses, vitamins and takeaways to loss of earnings and medical care. It is important for an Agreement and a Will to cover the details of these expenses. Get in touch for more details on how you can protect you and your family during this time.
How can Calon Law help?
We at Calon Law know that a surrogacy journey is difficult at the best of times. We also understand more than most the legal ramifications of a surrogacy journey. Since 2017, both Charlene and Stephen have been full members of Surrogacy UK as IPs, so we understand better than any other solicitor what it means to be in a surrogacy journey. Let our experiences guide you through this difficult time.
We can help you with all the requirements for a surrogacy journey including setting up Wills, Lasting Power of Attorneys, providing fertility advice and assistance with clinic procedures or HFEA rules for your whole team. We provide a caring, compassionate and reliable service. You can trust us to take care of your family and ease the burden upon you. We can look after the legal technicalities for you.
Why not give us a call and see how we can help.
Surrogacy UK full members also benefit from a 10% discount on all of our services!