There has been a significant rise in the use of surrogates in recent years. It has been increasingly reported in the media and has become popular amongst celebrities.
The use of surrogates has not been impacted by Covid-19. Figures have continued to rise.
The legal position remains that the mother who gives birth to the child is considered the legal mother. If she is married, her husband will also be the legal father. They will both have to consent to a Parental Order being made which allows the intended parents to become the legal parents of the child. There are complexities however, as the surrogate mother can only give her valid consent 6 weeks after the birth of the child. This often delays matters further.
The Law Commission has proposed that the law in this area is in need of reform. A draft bill is expected in Autumn 2022.
We hope that the draft bill will further protect the interests of intended parents and the children involved by creating a “new pathway to legal parenthood” which would allow intended parents to become the legal parents of the child from the child’s birth.
It is essential that intended parents obtain legal advice when making surrogate arrangements prior to the birth of the child.
Weronika Husejko, Paralegal, Sinclair Law Solicitors
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