If you considering engaging a surrogate mother in a foreign country in order to have a child, it is important to seek legal advice.
Our specialist team of family lawyers will help with the legal implications of having a child using a surrogate and lead you through the steps required to enable you to acquire full parental rights for your child.
Our family experts will work with you every step of the way – behind the scenes assisting as questions arise and with the important elements of the legal process. Contact our specialist team today on 0808 231 6369 or complete our Request a Call Back form.
Under English law, if you have a child with a surrogate mother you and your partner will not be the child’s legal parents. You will need to ask the court to make a Parental Order which will extinguish the surrogate mother’s (and her husband’s if she is married) parentage and transfer the rights and responsibilities for your child to you.
International surrogacy law
With international surrogacy arrangements, the child will often have no automatic claim to British nationality, regardless of your nationalities. So, this will mean that additional steps need to be taken before you can bring your child home.
It is important that you understand early on what the legal requirements are and what steps you need to take here and in the country in which your child is born. Our specialist team of family lawyers can make the Parental Order application for you and help you throughout the process.
We will go through the legal requirements with you and support you through the important steps such as serving the relevant documentation on the surrogate mother, the court hearings, preparing your statements in support of your application and meeting with the Parental Order reporter.
We will also advise you on what nationality and status your child will be entitled to and then work with you to select the best option to bring your child home as quickly as possible.
The specialist team at Hodge Jones & Allen will be flexible when working with you so we meet the particular needs of you and your family. We understand the sensitive nature of the process and work with absolute discretion.
Most of our clients have used a surrogate abroad and therefore need advice regarding both the family and immigration aspects of the arrangement and help in bringing their child back to the UK. We work closely together as a team to support you with all UK legal aspects of your surrogacy arrangements.
Our Private Client team have experience in assisting intended parents to prepare a Will to cover specific issues raised as part of the surrogacy arrangements. In some countries, this is a requirement in order to proceed with the surrogacy.
We have links with surrogacy agencies and clinics, specialist international surrogacy barristers and immigration lawyers around the world.
If you are considering surrogacy and in need of specialist legal advice from one of our Surrogacy Lawyers, please call 0808 231 6369 or complete our Request a Call Back form.