Many intended parents enter into a surrogacy arrangement here in the UK because they have a family member or friend who is happy to be their surrogate or because they wish for the arrangement to be close to home. Another option is for intended parents to enter into a surrogacy arrangement abroad.
Irrespective of the provisions of any foreign law, UK law automatically recognises the birth mother (the surrogate) as the legal parent, even if she is not biologically connected to the child. If the surrogate is married or in a civil partnership, then her partner will automatically be considered the other legal parent, unless it can be shown that they did not consent to the conception. Therefore, at birth, the 'wrong' people are legally recognised as the parents.
The remedy to this is an application to the court for a Parental Order. Once a Parental Order is granted a new birth certificate is issued naming the intended parents as the legal parents and extinguishing the surrogate and her partner's (if she has one) status as parents.
The criteria for a Parental Order are strict and it is best to seek specialist advice prior to entering into a surrogacy arrangement to ensure that you are eligible for a Parental Order.
We have a range of different ways we can help: we are conscious that legal costs are a concern and offer a number of fixed fee packages. We are happy to offer advice and guidance in the background or to manage the whole process for you, including representing you in court.