Gay Couples

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Co-parenting

You may wish to co-parent with another couple or, a single lady.  One of you will provide the sperm and insemination will take place at a clinic or, by way of self-insemination.  In some clinics abroad, an embryo from each of you can be transferred into the surrogate’s womb.

Co-parenting can be very rewarding and successful.  It is very important to have a co-parenting agreement so that your intentions are clear.  You can record all obligations towards one another and detail how you intend on raising the child.  You can also add information about who you intend on being named on the child’s birth certificate.

Legal parenthood is determined based on factors prior to insemination or embryo transfer.  If you want to have some control over this and if you have a fixed idea as to the role you want to play, take legal advice as early as possible.  Once legal parenthood is determined prior to insemination or embryo transfer, it cannot be undone.  Thereafter, legal and financial obligations follow legal parenthood.

We can advise on any aspect of your co-parenting journey and we can prepare a co-parenting agreement tailored to your requirements to ensure that all of your intentions are recorded.

Surrogacy

You may choose to go through a surrogacy arrangement to create a family.  You may find a surrogate in the UK or, you may prefer to have a surrogate outside of the UK.  The law on surrogacy in the UK is complex and international surrogacy arrangements are governed by the law in the country in which the arrangement takes place.  The law in the UK applies to you.

There are advantages to doing surrogacy outside of the UK for example, if you each want to father a child in one surrogacy arrangement.  There are also disadvantages as some countries do not permit gay couples to go through surrogacy arrangements.

Whilst commercial surrogacy is not permitted in the UK, we are aware that there is a large and growing underground world of surrogacy operating on the internet.  We advise that you exercise caution when using any surrogate matching site in the UK.  We have been involved in several UK cases where arrangements have broken down because of the lack of legal advice and regulation.

Similarly, there are several agents operating to organise surrogacy abroad.  Always seek references and legal advice before proceeding.  Sadly, there are many agencies that will take advantage of your position for their own financial gain.

On the plus side, many surrogacy arrangements proceed without any legal complications.  We act for couples who go for surrogacy in the UK and abroad.  The most popular destination being  the USA.  We have also acted for gay couples who have had children in Thailand, India and Poland in the past before the law changed.

We urge you to seek legal advice at the start of your journey.  We will represent you to ensure that you bring the child back to the UK swiftly and both become the legal fathers.

If you are a gay couple and want some advice on how to create a family, please contact Harjit on 07980 917882 or e-mail harjit@surrogacylawyers.co.uk