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Surrogacy
For LGBT individuals, surrogacy is a popular option for starting a family. A surrogate can be a person of your choice. But be cautious; commercial surrogacy is still illegal in the UK.
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Contents for Surrogacy
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What IS SURROGACY?
Surrogacy, although a contentious topic, is one of the most popular fertility options for the LGBT community.
A traditional surrogate is when the father’s sperm (or a donor sperm of choice) is used to impregnate the surrogate mother.
A gestational surrogate is when both the sperm from the father (or donor) and the eggs from the mother (or donor) are fertilized and placed in the uterus of the gestational surrogate.
You should know…
- THE LAW:
Legally, the child’s birth mother will always be the child’s legal parent. This means that parental responsibility will need to be applied for and is only removed from the birth mother when the child is adopted. As surrogacy is not enforced by the law, it is important to have an agreement between you/your partner and the surrogate mother.
- THE MONEY:
You cannot pay a surrogate for their services in England and Wales. You can pay them for reasonable expenses, such as travel and medical fees, but anything more than this is classified as bribery in England and Wales.
- THE PROCESS
To become the child’s legal parent after they are born, you must apply for a parental order or adoption. This means that either you or your partner must be biologically related to the child, the child must be living with you, in the UK, and if you are adopting with a partner, you must be either married, living as partners or in a civil partnership.
what are the pros and cons of surrogacy in the UK?
PROS
1. Many surrogates are specifically interested in helping the LGBT community, hence why it is one of the most popular options for LGBT families wanting to have children.
2. Surrogacy allows same sex couples to still have a biological connection with the child. This is really important for those members of the LGBT community who would rather use a surrogate than adopt.
3. Most importantly, surrogacy allows LGBT people to start a family. As fantastic as adoption is, surrogacy allows a more personal approach to having children as the process is tailored to your personal situation.
cons
1. Surrogacy is a really complex process, which can be even more difficult for LGBT individuals. While non-commercial surrogacy is legal in the UK, a surrogacy agreement is still not a legally binding contract, so prospective parents may face difficulties further down the line.
2. In the UK, it is illegal to pay a surrogate for their services. However, you can pay for their expenses and any medical bills they may have. This can all add up to be an expensive process, and there are fewer financing options for surrogate parents than adoptive parents.
3. Some prospective LGBT parents may find themselves being subjected to discrimination or bias by surrogacy professionals.
how can a lawyer help with your surrogacy?
When using a surrogate, a lawyer can be really beneficial. A lawyer will be able to help you acquire full parental rights for your child and can also help you with court hearings, preparing statements to support your application, court hearings and gathering relevant documentation on the surrogate mother. Your lawyer will also be able to assist in drafting an agreement with your surrogate mother, should you choose to have one.
If you have an international surrogacy agreement, a lawyer will be able to help bring your child to the UK as quickly as possible and can help with immigration, nationality and passport applications. A lawyer will also be able to help you if you run into any issues with your surrogate.
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* indicates that a field is mandatory. Please note all enquiries are handled by our referral partner Britton and Time Solicitors and that by submitting an enquiry, you are providing your permission for your contact and case details to be passed on to Britton and Time Solicitors.