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Surrogacy

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An arrangement in which a woman carries a child on behalf of someone else.

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What is Surrogacy?

Surrogacy is an arrangement in which a woman carries a child on behalf of someone else.

The woman who has the child is called the Surrogate, the parent or parents for whom the child is intended are called the ‘Commissioning’ or ‘Legal’ parents.

There are two different types of surrogacy:

Full surrogacy – this is when the embryo is created by either:

  • Sperm from the intended father and donor egg
  • The sperm and eggs of the intended parents
  • Donor eggs and donor sperm

Partial surrogacy: this is when the egg of the surrogate mother is fertilised by sperm from the intended father.

If you're not sure if we can cover your case, please don't hesitate to get in touch with us and we can discuss your specific needs.

How Can We Help?

Surrogacy is a complex area of law and is legally restricted in the UK. Under UK law a surrogacy agreement is not recognised as a legally binding contract. The woman who gives birth to the child is always treated as the legal mother, regardless of whether or not she is genetically related to the child. It is following the birth that parentage can be transferred to the intended parents through one of the following:

Parental Order – this reassigns legal parenthood and parental responsibility from the surrogate mother to the intended parents

Adoption – this would be the option if neither of the intended parents are genetically related to the child

Our Family team can provide supportive expert legal help for both options – it is vital to get legal advice from the outset to ensure you are in the best position and eligible to apply.

What Can I Expect to Happen?

The surrogacy process differs from case to case. Due to the nature and sensitivity of the surrogacy process cases can often be quite complex and may take time to finalise. You will be advised by one of our Family law specialists on the options available to you and the issues you are likely to encounter at your free consultation.

How much will it cost me?

It is not possible for us to offer a fixed fee for this service. However you will be advised of a no-commitment cost at your free consultation.

Want to speak to someone? Call our team on 0114 358 3134

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  • Lexcel Accredited
  • Collaborative Family Lawyer
  • Resolution Specialist
  • Family Law
  • Conveyancing Quality
  • Children Law
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  • Family Law Advanced

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