Surrogacy Solicitors2024-03-14T15:02:23+00:00

Surrogacy Solicitors

Surrogacy specialist to guide you through the legal and ethical complexities of surrogacy

Surrogacy also known as assisted reproduction has revolutionised the possibilities of starting a family for individuals and couples who struggle with infertility or medical conditions that prevent natural conception. However, surrogacy is a complex and emotionally charged process that involves numerous legal considerations. As hopeful parents embark on the journey towards parenthood through surrogacy, they are often faced with a multitude of legal challenges and questions. This is where the role of surrogacy solicitors becomes crucial in helping navigate the intricate legal landscape. If you are about to embark on a surrogacy journey either as an intended parent or a surrogate, the team at Tyrer Roxburgh will fully support you through this process and ensure that the legal and ethical complexities are navigated smoothly.

Fixed Fee Divorce Consultation

We start proceedings with a free introductory call which enables you to outline your circumstances and for us to explain how we can help. Our team are friendly and approachable and are happy to answer your questions.

The next step is a fixed fee 1 hour consultation for £150 (plus VAT). This time can be used to discuss any family law matter whether it be surrogacy or adoption, divorce, child arrangements, a financial settlement, cohabitee dispute or any other family related issue. During this initial consultation we will provide an overview of the relevant law and answer any questions that relate to your specific circumstances.

The fixed fee appointment is also a good opportunity to begin building a professional rapport with your lawyer. Family law matters are generally very personal and emotive and you need to know that your lawyer is someone who talks your language, someone who is on your side and is someone you can trust.

The consultation will be followed up with a detailed advice letter which will outline everything discussed during the call.

At Tyrer Roxburgh we have a team of surrogacy solicitors who are on hand to help you through the surrogacy process. We offer advice face to face at our offices at St Michael’s Terrace, London, N22 or, remote advice via telephone or video call. It doesn’t matter where you are located, we can help

What is Surrogacy?

Surrogacy is a method of assisted reproduction where an individual or couple (intended parents) enlists the help of a surrogate mother to carry a pregnancy to term. This process involves a series of legal, medical, and emotional considerations, making it imperative to have professional guidance throughout the journey.

The Role of a Surrogacy Solicitor

Surrogacy solicitors are legal professionals with expertise in the intricacies of surrogacy law. They are instrumental in guiding intended parents and surrogates through the legal processes, offering advice, drafting agreements, and ensuring that all legal requirements are met including:

Assessing Eligibility

One of the primary responsibilities of surrogacy solicitors is to assess the eligibility of intended parents and surrogates. They review the medical and legal criteria, ensuring that all parties involved meet the necessary requirements to proceed with surrogacy.

Pre-Surrogacy Advice

Surrogacy solicitors provide comprehensive pre-surrogacy advice to intended parents and surrogates. This includes outlining the legal steps, potential risks, and rights of all parties involved. This guidance ensures that all parties are fully informed before embarking on the surrogacy journey.

Drafting a Surrogacy Agreement

Perhaps one of the most crucial roles of surrogacy solicitors is drafting a clear and comprehensive surrogacy agreement. This agreement outlines the roles, responsibilities, expectations, and legal rights of both the intended parents and the surrogate. It covers issues such as compensation, medical procedures, and parental rights.

Supporting with Post-Birth Documentation

After the birth of the child, surrogacy solicitors assist with the necessary post-birth documentation, such as parental orders or adoption proceedings, to ensure that the intended parents legally become the child’s legal parents.

Ensuring All Legal Requirements are Met

Surrogacy laws can vary significantly from one jurisdiction to another. Surrogacy solicitors ensure that all legal requirements are met, both in the country of the intended parents and the surrogate, to avoid potential legal pitfalls and ensure the legality of the arrangement.

A Summary of the Legal and Ethical Considerations of Surrogacy

Surrogacy is a sensitive area which opens up a whole array of legal and ethical considerations which need to be managed with sensitivity and careful consideration. Below we offer a very brief overview of some of the main considerations.

The Child’s Rights

Surrogacy solicitors are attuned to the rights of the child born through surrogacy. They ensure that the child’s best interests are upheld and that their legal rights are protected throughout the process.

Parental Rights

Surrogacy solicitors navigate the complex terrain of parental rights, working to establish the intended parents as the legal parents of the child. This involves obtaining court orders or other legal mechanisms to transfer parental rights.

Surrogacy Agreements

The surrogacy agreement is a cornerstone of the surrogacy process. Surrogacy solicitors meticulously draft these agreements, leaving no room for ambiguity or misunderstanding between the parties involved.

UK Surrogacy Law

In the United Kingdom, surrogacy is subject to specific legal regulations. Our surrogacy solicitors are well-versed in UK surrogacy law and ensure that all steps are taken in compliance with these regulations.

International Law

When surrogacy involves parties from different countries, international laws come into play. Surrogacy solicitors help navigate potential conflicts of law and jurisdictional issues.

Exploring Consent

Surrogacy solicitors ensure that all parties involved provide informed and voluntary consent to the surrogacy arrangement. This protects against potential legal challenges based on lack of consent.

Risk of Exploitation

Surrogacy solicitors actively work to prevent any form of exploitation of the surrogate mother. They advocate for fair and legal level of expenses and ensure that the surrogate’s rights and well-being are safeguarded.

The Surrogacy Solicitors at Tyrer Roxburgh are here to help.

The role of surrogacy solicitors in assisted reproduction cannot be overstated. At Tyrer Roxburgh our surrogate specialists are the legal compass that guides intended parents and surrogates through the intricate legal and ethical complexities of surrogacy. With our expertise, the rights and interests of all parties are protected, leading to the realisation of dreams and the formation of families through this remarkable journey of assisted reproduction.

We pride ourselves on being friendly and approachable so if you need advice from one of our friendly solicitors, please do get in touch by calling 0208 889 3319 or via one of the options below.

The first introductory call is free and enables you to outline your circumstances and for us to explain how we can help. Our team are friendly and approachable and are always happy to answer your questions.

If you have a question about our services, please use our online form to send us an email.

If you need to speak with someone you will always receive a friendly welcome if you telephone between the hours of 9am-5pm but if we are closed, you can  request a callback. We will call you back as near to your requested time as possible.

Surrogacy: Common Questions & Answers 

Is surrogacy legal in the UK?

Yes, surrogacy is legal in the UK. However, it is important to note that commercial surrogacy, where the surrogate is paid a fee beyond reasonable expenses, is illegal. Surrogates can only be compensated for reasonable expenses directly related to the pregnancy.

Who can become a surrogate in the UK?

Surrogates in the UK must be over 18 years old, have given birth to at least one child, and understand the implications of surrogacy. They must also undergo a medical and psychological assessment.

Who are the legal parents of the child in a surrogacy arrangement?

In the UK, the surrogate is the legal mother of the child until a parental order is granted by the court. After a parental order, the intended parents become the legal parents, and the surrogate’s parental status is extinguished.

What is a parental order?

A parental order is a legal order issued by the court that transfers parental rights from the surrogate to the intended parents. This process is initiated after the child’s birth and typically requires the consent of the surrogate and the intended parents.

Can same-sex couples or single individuals pursue surrogacy in the UK?

Yes, same-sex couples and single individuals can pursue surrogacy in the UK. The law treats all intended parents equally, regardless of their sexual orientation or marital status.

Can the surrogate change her mind and keep the baby?

In the UK, the surrogate cannot keep the baby against the wishes of the intended parents if a parental order has been granted. However, until the parental order is obtained, the surrogate retains legal parental rights.

What is a surrogacy agreement, and is it legally binding?

A surrogacy agreement outlines the roles, responsibilities, and expectations of the parties involved. While not legally binding in the UK, a well-drafted agreement can serve as evidence of the parties’ intentions and can be considered by the court when making decisions.

Can international surrogacy arrangements be recognised in the UK?

Yes, international surrogacy arrangements can be recognised in the UK, but the legal process can be complex. It’s important to work with legal professionals who are experienced in both UK and international surrogacy laws.

Are there any ethical concerns with surrogacy?

Surrogacy raises ethical considerations related to consent, exploitation, and the well-being of all parties involved. It’s important to approach surrogacy with sensitivity and ensure the rights and dignity of surrogates and intended parents are upheld.

What is the first step to begin a surrogacy journey in the UK?

The first step is to seek legal advice from a surrogacy solicitor. They can guide you through the legal requirements, help you understand the process, and provide insights into the potential challenges of surrogacy in the UK.

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