The law is not straight forward when you use a surrogate to create a family. You will need advice on how to become the legal parents to the child born through a surrogacy arrangement. The surrogate will always be the legal mother and whether one of you is the legal father, depends on whether the surrogate is married and if her husband consented. The matter becomes complicated if the surrogate divorces before the child is born or, if her husband dies after the assisted conception.
You may choose to use a surrogate in the UK or a surrogate abroad. We deal with international surrogacy cases and can provide bespoke advice from the start of your journey to securing legal parent status when you return to the UK. Our surrogacy lawyers will assist you with your application for a Parental order. A Parental order will extinguish the legal rights of the surrogate and her husband in respect of the child and make you the legal parents. A new birth certificate will be issued to you naming you as legal parents. Please note that foreign birth certificates are not recognised as evidence of parentage in this jurisdiction.
It is essential that you seek legal advice before you start your surrogacy journey. Please note that we do not get involved in assisting you find a surrogate or negotiating terms of commercial surrogacy abroad.