If you consider surrogacy in the UK or surrogacy abroad, you may be asked about surrogacy agreements. The weight and enforceability of a surrogacy agreement depends on which country it is issued in. When you undertake surrogacy in the US, surrogacy in India or anywhere else abroad where commercial surrogacy is legal, the surrogacy agreement is most likely to be legally binding in that country. It is essential therefore, that you seek legal advice from a surrogacy lawyer in the country where the surrogacy is to take place.
If you are embarking upon surrogacy in England again, you may be invited to sign a surrogacy agreement. Do contact our surrogacy lawyers for advice about this. Commercial surrogacy is not legal in this country but there is nothing preventing you from seeking surrogacy abroad.
A surrogacy agreement signed in the UK is not enforceable. It will always be the court's decision where the child should live whether or not money has been exchanged. The court will take into consideration the intentions that you had at the start of the process including what was agreed in the surrogacy agreement. The court will also take into consideration the biological connections. However, if the surrogate changes her mind and wishes to retain the child, she may do so because according to the law in England, she is the legal mother. If you are biologically connected to the child, you may apply to the court for the child to reside with you. When making a decision, the court must consider all of the circumstances of the case and state what is in the child's best interests. that is, who should the child live with.