Should Surrogate Mothers Be Able to Keep the Baby

A surrogate can alter her listen and refuse to surrender the baby. Cases such as this are rare but they can happen.

Our surrogacy solicitors know this volition ever be a lingering worry for any prospective parents considering it as a means of starting a family.

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Surrogate Parents' Rights

In England and Wales, the law regards the birth mother as the child's legal mother, even if she is a surrogate. If married, her spouse/civil partner would also be recognised as a legal parent.

So what's the solution if the surrogate decides to keep the baby? The intended couple will accept to consider their options and more than likely employ to the Family unit Court for a Child Arrangements Gild.

The normal remedy in an uncontested surrogacy system would be to utilize for a parental guild. This assigns legal parenthood and confirms who is responsible for the child. Withal, one of the conditions for this is that the surrogate must give her consent. If the surrogate does not consent, the court may yet laurels custody of the child to the intended parents but cannot make them the legal parents.

What If The Surrogate Mother Changes Her Mind After The Baby Is Built-in?

The kickoff thing to practise will be to establish the legal parenthood of the parties before deciding the best legal remedy: These can exist complex just the nuts are:

• single surrogate – the biological father of the child can be named on the birth certificate and would therefore be the kid's legal father with parental responsibleness
• married surrogate – the surrogate'south married man is the legal father (unless that is later inverse past a parental order), leaving the intended parents in a legal vacuum
• surrogate is in a civil partnership – the same rules apply as if she were married
• surrogate has a long-term partner – the partner is not the child's legal parent so the intended biological father could be named on the birth certificate.

If the surrogate wants to go on the baby in any of these cases, the intended parents must consider their options.

Potential Pitfalls

Applying successfully for a parental order can have between half dozen and nine months. And if the surrogate and her married man/civil partner do not give their consent then your application could exist doomed to neglect.

Consent must be given at least half-dozen weeks after the nativity (giving the surrogate a cooling-off period). Unfortunately for the intended parents, those six weeks requite the surrogate time to bond with the child – possibly increasing the take chances of them deciding to proceed the baby. However, in most surrogacy arrangements it would be very unusual for the baby non to be handed over immediately after being born.

So what'south the point of all the time, expense and stress of applying for a parental order if the surrogate tin can but dismiss your attempts by refusing consent? Unfortunately, Britain surrogacy law is in desperate demand of reform.

And what can y'all practise if the surrogate refuses consent? All is not lost. You could utilise for a Child Arrangement Social club. In this situation the courtroom would consider the Welfare Checklist.

This checklist includes:

• the kid's physical, emotional and educational needs
• their age, background and any other characteristics the court considers relevant
• the ability of the surrogate (and husband/ceremonious partner) and the intended parents to encounter the kid's needs.

Y'all may feel that the police force equally it currently stands is loaded against the intended parents and in favour of the surrogate/birth mother.

But in practice the kid usually ends upwards with the intended parents, even if the surrogate is named as a legal parent.

Then the surrogate could contend that the constabulary is loaded confronting them.

Surrogacy Abroad – What If The Birth Mother Is Non From The United kingdom?

Some couples contemplating surrogacy wait at the options abroad. They often choose a surrogate in the USA (an expensive pick), Ukraine, Republic of india or Thailand.

In each case you will be governed past the police in that land. Often – especially in the U.s.a. – the constabulary is ameliorate suited than the current Great britain legislation.

In California it is possible to confirm the legal parenthood of the child before he or she is born – removing the problem of a surrogate deciding to continue the infant.

That all sounds wonderful in theory just if you get through surrogacy away you will all the same have to apply for a parental order in the UK. That is because this country does not recognise other countries' surrogacy laws.

And then you could be named the legal parents in California just not here in the UK. And the surrogate could keep the child.

Get Skilful Legal Advice

Surrogacy law is complex and fraught with pitfalls. Go expert legal advice from Coles Miller Partner Richard Perrins, head of the Family Section and a specialist in surrogacy and fertility law, 01202 355698.

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Source: https://www.coles-miller.co.uk/news/blog/can-a-surrogate-mother-keep-the-baby-flb.html