Dangers of informal surrogacy arrangements

A recent case in the High Court, reported in the Times, has highlighted the dangers of informal surrogacy arrangements.

The case involved a couple who agreed with a friend that she would act as their surrogate however shortly after the child was born the marriage broke down leaving the wife with no parental rights. The husband and the birth mother however appear on the birth certificate. According to the report the Judge, Mrs Justice King, was clear that there is no solution to the woman’s difficulties as there was a delay in applying for recognition of her status as the child’s mother and there is no way around the time limit of six months. Adoption was also not an option in the circumstances and fortunately all involved have put aside their differences to agree a shared care routine for the child who is now three years old. The shared residence order which is in place grants the woman parental responsibility for the child and the surrogate mother cannot exercise her rights without first obtaining the court’s permission.

Sarah Crowther, Partner and specialist Family law solicitor at Chadwick Lawrence said of the judgement “This case illustrates the need to formalise a surrogacy arrangement. It’s important that legal advice is sought before embarking on any such arrangement so that everyone involved is clear as to their rights and also as medical professionals will ask for sight of the agreement.”

At Chadwick Lawrence our team of Family law specialists has significant experience of dealing with all aspects of Family law. To arrange a free initial appointment at any of our offices across West Yorkshire, or at your place of business, then please contact us on 01484 519999