|
| Surrogacy in the UK | Surrogacy is considered to be legal in the UK. The main reason of it is that no money, except all necessary “reasonable expenses”, unless authorized by the court, is paid to the surrogate mother. It is up to the participants, involved in the surrogacy process to come to the mutual agreement as for these expenses’ amount, as there is no exact definition of what the word – expression “reasonable expenses” means. Any costs, which the surrogate mother is given during her pregnancy period and in the result of it are considered to be expenses.
It is also necessary to point out, that so far there is no law accepted, which would recognize surrogacy as a binding agreement on either side of the participants. Actually there is practically nothing, he intended parents can do in order to make their prior to the birth position secured, it concerns gestational surrogacy as well, although the baby is related to both or one of the intended parents genetically, and has no kind of relation to the woman, who carried him.
After the baby is delivered, and in case if the name of the intended father goes on the child’s birth certificate, then he automatically acquires equal rights over the baby with the surrogate mother. In case if the intended father’s names is not written on the baby’s birth certificate, then they both can enter into a Parent Responsibility Agreement, which gives them equal rights over the baby, delivered by the surrogate mother, though it is only applied to in some cases. After six weeks have passed the baby’s “parents” should apply for a Parental Order, which will give the intended parents full and constant parental rights over the baby. After this step, the surrogate mother relinquishes all her previous rights over the child.
What is illegal in the UK is giving advertisements for surrogate mothers and intended parents.
Registering the Birth of a Surrogate Child and the Law
According to the English Law the birth of a baby is to be registered within first 6 weeks. In case if the surrogate mother is married, then she and her husband are named as the parents on the original birth certificate of the baby. If the husband of the surrogate mother did not give permission his wife to conduct all kinds of surrogacy arrangements, then he is to write a letter, which states his opinion about the surrogacy, and the intended father can be named as the father of the baby, delivered by the surrogate mother. In case if the woman, who became the surrogate mother, is not married, and the intended father is present at the registering of the birth, then he can be named as the father as well. Anyway, in both cases the baby, delivered by the surrogate mother can be given the surname of his intended parents. If the birth certificate is completed, and in case if the intended father is not named as the baby’s father on the birth certificate, then the woman, who became the surrogate mother is to enter into a Parental Responsibility Agreement with the intended father. The document is to be witnessed and filed with the Principal Registry. This process is considered to be not complicated at all, and it lets the surrogate mother as well as the intended parents have 50 % legal guardianship over the child.
The intended father, who is present during the birth certification fulfilling, and who is named on the birth certificate acquires Parental Responsibility automatically.
According to the Scottish Law the birth or a baby is to be registered within 21 days. In Scotland it is usual that the intended father is named on the birth certificate, and the surrogate mother’s partner / husband has a right to declare that he is not the genetic father of the delivered baby, and therefore, the name of the intended father can go on the baby’s birth certificate quite legally. In case if for some reason the name of the intended father does not appear on the baby’s birth certificate, mostly if he was not able to attend the birth registering ceremony along with the surrogate mother, then he is to fill out the “Parental Responsibility and Parental Rights Agreement Form”. It is possible for the surrogate mother and for the intended father as well to visit their own court in order to fill out this form, and it is not necessary for them to do it together at all. In case if there is the Justice of Peace department in the area, where the surrogacy arrangement takes place, then the surrogate mother and the intended parents as well can have the form witnessed by the organization. The document is also to be registered in the Books of Council and Session.
|
|
