Guide to Surrogacy

The Family Team at Hodge Halsall Solicitors are experienced in advising in relation to the legal implications of surrogacy and would be glad to help you with any legal queries you may have in this area.

Surrogacy may arise where a surrogate’s own eggs are used in the birth of a child or either the eggs of the intended mother or a donor are used instead.

We can advise you on the following:

  • Surrogacy arrangements and the Court’s involvement thereafter
  • Transferring legal parenthood from the surrogate mother to the intended parent by way of a Parental Order or an Adoption Order

In the absence of a legal Parental Order, the surrogate mother will always remain the legal mother.

The relevant Law in this area is The Human Fertilisation and Embryology Act 2008 and this outlines the basic criteria on which a Parental Order may be granted.

There was a change in the Law in 2019 so that single parents may now apply for a Parental Order rather than 2 intended parents.  The intended parent or parents must both be at least 18 years of age and the child must be biologically related to at least one of the intended parents.  In the case of a single applicant, that person must be biologically related to the child concerned.  We would advise you on this and other requirements, such as the child having to live with the parents when the application is made to Court and also subsequently when the Order is made. 

It is essential that applications are made within a prescribed time limit from 6 months of the child’s birth and so you should seek legal advice as soon as possible to make sure you do not encounter any problems with the process.

Employment Law provides for parental leave to intended parents and at Hodge Halsall Solicitors we have our own Employment Law Team which enables you to also obtain advice from us on those employment rights. 

We would offer you a bespoke service on a fixed hourly rate that would be agreed with you at the outset of the case.   For more information about anything mentioned above or how to move forward, please call our Family Law Solicitors who will explain the next steps. 

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