Category : Surrogacy

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Posted:
April 17, 2013
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Co-parenting – artificial insemination at home

Co-parenting – artificial insemination at home

Co-parenting / shared parenting is wonderful when it works.

Whether you are the child’s legal parent is determined based on how, when and where the insemination took place.

Going through artificial insemination at home is not a difficult process when you have found a sperm donor.  It is easy to get lost in the excitement and not think about the boring legal bit.

I have created a step-by-step guide.  In this order:-

  1. Think about how you wish to create a family.  It may be that one of you will go through an artificial insemination at home with a sperm donor or, go through an artificial insemination at a clinic. You may decide that one of you donates eggs to create an embryo with a sperm donor using IVF procedures and the other will carry the child.
  2. Decide who will be the legal parents of the child and take legal advice on how to make sure that this happens.   If you have a known sperm donor, you need to agree what role each of you will play in the child’s life.  More than two adults can have legal responsibility for a child.   If you do not want the donor to become the legal father of the child, you need to get legal advice to ensure that he does not become the legal father by default.
  3. Get a co-parenting agreement and secure legal advice before signing it.
  4. Start the artificial insemination process.

It is no coincidence that the co-parenting cases we read about are ones where none of the parties had legal advice before the insemination.

Bohemia Law likes….several agencies that may assist http://bohemialaw.co.uk/links/

For advice on co-parenting and artificial insemination at home contact  us on 01727 884688 or e-mail harjit@bestsolicitorsllp.co.uk.

Best regards

Harjit Sarang

Family Law Blog General Residence Order Same Sex Parenting Surrogacy
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Posted:
November 21, 2012
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Surrogacy

Surrogacy

I am seeing an increase in couples enquiring about surrogacy instead of adoption.   Some say that the adoption process needs to be simplified to address this.  However, I suggest that when you are dealing with a child who is not with his/her natural parents for whatever reason, the worst thing for that child would be for there to be a second break from a family unit.

The adoptive parents must best meet the needs of the child available for adoption.  Only a vigorous assessment process can determine that.  I have long been uncomfortable with the notion that couples who are unable to conceive would be the best adoptive parents.  I would be interested to know how many couples who cannot conceive naturally choose to adopt instead of going through a surrogacy arrangement.  If there is a possibility that at least one of you is biologically connected to the child and you will have the child from birth, that would tend to be the preferred option.  In my view adoption takes a certain kind of soul that is not necessarily that of a person who cannot conceive.

As a family law solicitor advising on surrogacy in the UK and surrogacy abroad, I strongly advise all clients to do as much research as possible before they begin the process.  An essential part of that research must be to get legal advice.  Your solicitor will advise you of all requirements and the process to adhere to in order to become legal parents.   Until you secure a Parental Order in the UK, the surrogate will always be the legal mother in this jurisdiction because she gave birth to the child.  Depending on where the child is born, you will need advice on how to make sure that you are both recognised as legal parents and how to secure the child’s entry into the UK.  You should also seek legal advice from a solicitor in the country where the surrogate resides / where the child will be born.

If you are going to a surrogacy clinic abroad, you should research the clinic and ask to meet other parents who may have used the clinic previously.  Ideally other couples from the UK.  Any clinic that refuses to discuss their procedures or give references should be avoided.  Certainly, clinics that do not allow you to meet or speak to the surrogate should be avoided.  You should satisfy yourself that the surrogate is not being exploited and that she fully understands the process.  Counselling and legal advice should be available for her from professionals who speak her language.  You should enquire about fees payable not only to the clinic but also fees payable to the surrogate.  Try to satisfy yourselves that the fee is reasonable especially in countries where there is a risk of exploitation.

I personally have experience of surrogacy in India and can offer legal and general advice on the process.  I can also put you in contact with other couples who have used clinics in India who are willing to share their experiences with you.

The worst case scenario is going through a surrogacy process and then being told that you cannot be legal parents of the child particularly if the surrogacy takes place abroad.

Rest assured that if done properly with legal advice from beginning to end, surrogacy is an ideal way to create a family if you are unable to conceive naturally.

Best regards,

Harjit Sarang

Family Law Blog General Same Sex Parenting Surrogacy
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Posted:
August 26, 2011
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Gay parenting / alternative familes

There are many things that make us different from other families depending on where we live, religion, culture, appearance, abilities, financial resources etc. Children always have questions about why they are different. This could be about wealth, colour, single parenting, culture or sexual orientation. It is for parents to educate their children in a way that encourages acceptance of
many different lifestyles. As a family law solicitor I see many different family situations. Sexual orientation rarely features as a reason for marital disharmony and I have never seen a case where sexual orientation is the reason for poor parenting.

When I registered with my local GP and duly informed her that I was pregnant through an IVF procedure. I was horrified when she said “Have you thought about how you will explain to your children that they were conceived in a petri dish?” As it
happens I hadn’t thought about it because I know that I will have no hesitation in explaining proudly to my children that they were conceived through IVF procedures. My youngest will be amazed to know that he was frozen for 18 months! The fact that she raised it as a possible ‘issue’ offended me. How many of us have asked our parents how we were conceived?

Often I feel that it is not the people who are ‘alternative’ that are the problem. It’s the people who are ‘normal’ who cannot deal with alternatives and differences in society possibly, probably because they have never been in a position where an alternative is the only option.

The past two years have seen an increase in awareness of surrogacy in the UK and surrogacy abroad for gay couples. David Furnish and Elton John famously fathered a child following an international surrogacy arrangement; Ricky Martin is father to twin boys via gestational surrogacy and ‘H’ from Steps recently admitted to ‘Psychic Sally’ that surrogacy is something that he
and his Partner are now thinking about (she already knew…)

Surrogacy in India is very popular for heterosexual couples for cost reasons and also largely due to the reassurance of established surrogacy centres. Unfortunately, it is not a popular choice for gay couples due to India’s disappointing negative position
on homosexuality. We all have the right to make a commitment to someone and have a family regardless of sexual orientation. How we make that commitment, to whom we make that commitment and how we create a family will differ family to family.

Best regards,

Harjit Sarang

Same Sex Parenting Surrogacy
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Posted:
July 20, 2011
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Surrogacy – Can the surrogate mother keep our baby?

The surrogate mother doesn’t have to give you the baby.  The fact that you have spent hundreds or even thousands on making her pregnancy as comfortable as possible is irrelevant.

There can be no legally binding agreement made in this country to compel the surrogate mother to give the child to you against her wishes.  It does not matter how many assurances you were given before and during the pregnancy verbally or in writing.   The law is clear. The legal mother of the child will always be the lady who gave birth to the child until there is a court order stating otherwise.  That Order is likely to be a Parental Order which extinguishes the legal rights of the birth mother.  Whether you and your
Partner have any legal rights to the child, depends on many factors including most importantly, biological links to the child and whether the surrogate mother was married.

Getting legal advice on surrogacy in the UK before entering in to any arrangement that results in a child being born is imperative.

Best regards,

Harjit Sarang

Surrogacy
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Posted:
March 11, 2010
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Surrogacy Laws

With the increasing need for assisted conception (fertility treatment), the fertility laws are fast developing.  A fertility lawyer is often asked to advise on the legality of surrogacy.  Parents have usually been through fertility treatment and have spent thousands on paying the best fertility clinics and agencies in the country.  They then consider the option of surrogacy.       The three most frequently asked questions are “What if the surrogate mother changes her mind?”, “Who are the legal parents?” and “What money should exchange hands?”

Surrogacy laws are beyond the scope of this blog.  In summary, the surrogacy must not form part of a commercial agreement.     There are reputable surrogacy agencies who assist couples in finding a surrogate and act on a not for profit basis.  If you enter into a surrogacy agreement, the surrogate mother will always have the right to change her mind.  In that respect, surrogacy agreements are unenforceable.  If the surrogate does change her mind when the child is born, the couple may apply to the court for an order as to where the child should live.  The Judgement will depend on what is in the best interests of the child.

The ‘legal’ mother is the surrogate because she gave birth to the child.  The ‘legal’ father depends on how the child was conceived, whether the surrogate was married or in a Civil Partnership and if so, whether the husband/civil Partner consented.  If neither of you are ‘legal’ parents you have no legal rights for the child and therefore are technically fostering which has its own rules and regulations.

Assuming that the child was not conceived by sexual intercourse,  the ‘intended’ parents need to apply to the court for a Parental Order as soon as the child is born and in any event within 6 months of the birth.    The Parental Order will give the parents full parental responsibility for that child and a new birth certificate may be issued.  The surrogate mother and her husband/civil partner will need to freely consent to the Parental Order when the child is 6 weeks old.

When deciding whether to make a Parental Order, amongst other things, the court will consider the   money paid to surrogate.  The sum paid should be no more than ‘reasonable expenses’ surrounding the pregnancy and may include paying for private medical care.   The court wants to be satisfied that the parents have not made a huge payment that may suggest a commercial agreement.

Other matters to consider when entering into a surrogacy arrangement include, making provision in a Will in the event of a death before the parental order has been made and securing necessary consents for a parental order.  International surrogacy is subject to further rules and regulations including immigration.

The process of surrogacy can be straight forward and rewarding if all parties know what their legal rights are and follow an agreed path.

It is essential to get legal advice before entering into a surrogacy arrangement whether here or abroad.

Best regards

Harjit Sarang

Surrogacy
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