Surrogacy is a complex legal process that involves the rights and responsibilities of all parties involved, including the intended parents, the surrogate, and the child. Here are some key points regarding the legalities of surrogacy:
1. Independent Legal Advice: Before entering into a surrogacy arrangement, it is crucial for all parties involved to seek independent legal advice. This ensures that they fully understand their rights, obligations, and the implications of the surrogacy arrangement .
2. Counselling: Both the intended parents and the surrogate must undergo counselling with an appropriately qualified counsellor before entering into a surrogacy arrangement. Counselling helps ensure that all parties are aware of the social and psychological implications of the surrogacy arrangement and the parentage order .
3. Surrogacy Agreements: The intended parents and the surrogate can record their expectations and intentions in a surrogacy agreement. However, it is important to note that surrogacy agreements are not enforceable by law in some jurisdictions, including the UK. Even if there is a signed document and the surrogate’s expenses have been paid, the agreement may not be legally binding .
4. Legal Parenthood: The legal parentage of the child born through surrogacy varies depending on the jurisdiction. In some cases, the surrogate may be recognized as the child’s legal parent at birth, while in others, the intended parents may be recognized as the legal parents. Legal parenthood can be transferred through a parental order or adoption after the child is born. If there is a disagreement about legal parenthood, the courts will make a decision based on the best interests of the child .
5. Parental Rights and Responsibilities: Intended parents who enter into a surrogacy arrangement assume parental rights and responsibilities for the child. They are subject to the same laws and human rights responsibilities as biological or adoptive parents .
6. Reimbursement of Expenses: In some jurisdictions, the birth mother (surrogate) may be entitled to reimbursement of surrogacy-related expenses, such as reasonable medical costs, counseling, and legal costs associated with the surrogacy arrangement. However, it is important to note that surrogacy arrangements should not involve the surrogate profiting from the arrangement .