What happens if the surrogate wants to keep the baby?
Although it is rare, a surrogate may change her mind and wish to keep the baby. In this case, there are a number of things to consider. Is the surrogate married or in a civil partnership? If she is married, the husband is automatically considered as the baby’s legal father.
Is the surrogate single? If the biological father is named on the birth certificate, he will acquire parental responsibility.
If the surrogate has a long-term partner, they do not become the baby’s legal parent.
In the event that there is dispute and the surrogate wishes to keep the baby, the intended parents may apply to the court for a Child Arrangements order. When considering such an application, the court will consider the welfare checklist contained in the Children Act 1989. In particular, the most relevant considerations would include: the child’s physical, emotional and education needs, the ability of the surrogate and intended parents to meet the child’s needs, and any relevant characteristics of the child, such as age, background and sex. Nevertheless, time is of the essence as if the intended parents made an application for a parental order six weeks after the birth of the baby without the surrogate’s consent, the application will fail.
Our surrogacy services include: • Initial surrogacy legal advice for both intended parents and surrogates. • Making parental order or other relevant court applications as required. • Immigration advice including pre and post arrival information, passports and other documentation. • Private client services, ranging from making plans for your child in your will, mitigating tax and protecting and passing on your assets in trusts. • Litigation support for any disputes or issues between any parties involved in the surrogacy process. • Financial advice through our Financial Conduct Association (FCA) regulated financial advisors.
If you’re considering using a surrogate and in need legal advice: Call us on +44 (0) 20 7481 0010 or email - hello@incegd.com Find out more at incegd.com/surrogacy