Despite being a contemporary issue, the legal process invoked by surrogacy is archaic and leaves much to be desired. The last 40 years of murky waters have set the tone for what is considered an increasingly pertinent topic of modern society. So what are the rights attached to surrogacy in the UK?

Surrogacy agreements as they stand are not enforceable by the laws of England and Wales. Further to this, in the UK an individual or couple cannot pay a surrogate for her services as a surrogate mother may not profit from her role as a surrogate. The only payment permitted is for “reasonable” expenses incurred by the surrogate.

The process takes up to a year before parenthood is transferred to the intended parents through what is a challenging court process regardless of the apparent simplicity and consensual nature of the matter. It should be noted that in England and Wales the birth mother has automatic parental rights regardless of whether she has a genetic link with the child. However, in the case of surrogacy and adoption, the birth mother can relinquish her parental rights after the birth.

Prior to the birth, the intended parents have no legal link to their child. Once the child is born, the father’s name may appear on the birth certificate giving both the surrogate and the named father equal parental rights. Six weeks after the birth of the child, the new parents may apply for a parental order and the mother can then relinquish her parental rights.

If you are applying with a partner you must be married, in a civil partnership or living together as a couple. The child must live with you and you must live in the UK, Channel Islands or the Isle of Man. A single person can also apply for a parental order

The law in respect of surrogacy can be complicated and taxing, in order to understand the risks involved and successfully navigate to your desired outcome, the services of a lawyer with specialist surrogacy expertise are essential.

If you are looking to engage the services of a surrogate mother outside the UK, there are differing regulations surrounding the issue of surrogacy from country to country and often with a lack of clear regulations meaning that all parties must tread carefully and obtain specific legal expertise.

On a practical point, in the UK, intended parents are required to have a genetic link to the child. Though many affected couples may take issue with such a requirement, one evident group stand alone in their objections, being couples and individuals affected by infertility. Infertility affects almost one in seven couples according to studies conducted by the NHS. Given the prevalence of fertility issues, surrogacy laws remain a brick wall for what seems to be an increasing occurrence amongst the population.

The couples who aspire to become parents and look beyond this jurisdiction should be mindful of the fact that this course of action can is often no more straightforward. The ability to pay in some countries can generally get you most things you wish for and may even protect you from some of the more arduous surrogacy controls applicable in the UK. However, if you intend to live in the UK, regardless of where your baby was born, you will still have to satisfy the law in England and Wales. All legal aspects of surrogacy must be clearly understood and clarified before embarking on this life-changing decision.