Kiteleys Solicitors

Kiteleys Solicitors. 7 St. Stephen's Court, 15-17 St. Stephen's Road, Bournemouth, Dorset. BH2 6LA. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.

Surrogacy

  • Call us now on 01202 875646
    • Kiteleys Canford Cliffs 01202 708634
    • Kiteleys Highcliffe 01425 278866
    • Kiteleys Southampton 02380 909091
    • Kiteleys Wimborne 01202 849242
    • Kiteleys Ferndown 01202 875646
    • Kiteleys West Moors 01202 863933
    • Kiteleys Boscombe 01202 393506

Surrogacy is the act of the woman carrying a pregnancy and giving birth on behalf of the intended parents of that child, as they are unable to carry the child themselves. There are two types of surrogates, the first is Host/Gestational surrogacy where an embryo is made from the intended parents and transferred via IVF to the surrogate. This means that the surrogate has no genetic connection to the child. Alternatively, there is a straight/traditional surrogacy where the surrogate uses their own egg to conceive, via artificial insemination or IVF.
It is important to note that whatever type of surrogate is used, the legal parent will be the person who gives birth to the child, regardless of whether a genetic tie exists between the child and the surrogate and also, the second legal parent will be the surrogate’s spouse or civil partner, unless that person did not give their permission for the process.
Once the child is born, parenthood can be transferred by a Parental Order, if one of the intended parents is genetically related to the child. At the time of making the Parental Order, the child must reside with the intended parents and that residence must be permanently within the UK. An application can be made to the Court and both the intended parents and the surrogate will be invited to a Court Hearing where the application for a Parental Order will be heard. If the Parental Order is made, the surrogate and her spouse/civil partner will lose their parental rights and obligations, which will be transferred to the intended parents, who will become the legal parents of the child.
If the intended parents are not genetically related to the child, then the only way to transfer parenthood is by way of an Adoption Order.
An application for a Parental Order can be made when the child is any age, however, a change in the law means that after the 4th July 2019, the Parental Order must be made within 6 months of the child’s birth.
Although surrogacy agreements are not legally binding in the UK, most surrogacy agency’s will agree that they are vital in the process, as they set out the rights and responsibilities of the intended parents and the surrogate at the beginning of the process and are an excellent starting point for resolving and, ultimately, preventing disputes in the first place. Couples who have a thorough agreement and tackle even remote chances in an agreement can ensure that they have a better understanding of each other and foresight about the problems and the surrogacy agreement can assist the Court if it is asked to determine legal parentage at any point in the proceedings.
If you are considering surrogacy, please feel free to contact Amanda Loe (Amanda.loe@kiteleys.co.uk) in our Family Team, who has a specialist interest in such matters. She would be happy to talk you through the process and assist you in drawing up a surrogacy agreement and in applying for a Parental Order under Section 54 of the Human Fertilisation and Embryology Act 2008.
Further information can also be found at www.surrogacyuk.org who are a non-profit making organisation specialising in surrogacy.

  • Amanda Loe

    Amanda Loe
    Associate Solicitor

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Talk to one of our solicitors

At Kiteleys we are always happy to help. We believe that the law should be easily accessible, so if you have any questions for our family solicitors, please don’t hesitate to get in touch.
Call us on 01425 278866 or enquire online.

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Kiteleys Solicitors. 40 Haven Road, Canford Cliffs, Poole, Dorset. BH13 7LP. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.