Change in law for surrogate parents
Tuesday, 13th April 2010
British couples who pay overseas surrogate mothers could no longer be recognised as parents under national law, experts have warned.
Parents that offer money to willing mothers, up to £30,000 in the most extreme cases, could be refused legal parentage by the High Court, under accusations of “buying children”.
Currently, hopeful parents are allowed to finance “expenses reasonably incurred” by surrogate mothers, such as medical bills and salaries missed during pregnancy. But a growing number of couples are travelling abroad to offer vast swathes of money in order to obtain a child.
“The risk couples face if they pay a disproportionate amount in expenses is that the high court may refuse to authorise those expenses,” a leading surrogacy lawyer told the Guardian this week. “That could result in the parental order application failing and in turn they would have no status as parents under English law."
Surrogacy is not illegal in the UK but it is restricted by various regulations. Under the Surrogacy Arrangements Act 1985, it is a criminal offence for an individual to advertise that they are looking for a surrogate or is willing to act as a surrogate. It is also an offence to broker a surrogacy arrangement on a commercial basis.
Surrogacy agreements are also unenforceable in UK courts, meaning it is not possible to enter into a legally-binding surrogacy agreement in the UK. The family courts have in practice proved sympathetic to intended parents applying to enforce a surrogacy arrangement, but they have a wide discretion to act in the best interests of the child.
To the annoyance of far right and religious groups, from April 6th, those seeking surrogates are set to increase under new legislation granting same sex couples the right to become legal parents.
A couple planning to approach surrogacy should heed warning from the developments and consult specialist family lawyers to guarantee a hassle free, legal future for their family.
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