28-10-15 NEWS – There are proposals for change to surrogacy in India including to prevent foreigners accessing surrogacy services or, importing embryos. If you have embryos in India or, if you have started or are considering starting the procedure please contact us for advice urgently. In December 2015, commercial surrogacy was also prohibited in Mexico.
Please check our other pages for information about surrogacy in the US, Canada, Georgia, Ukraine and other destinations. These countries have are the most popular destinations for surrogacy abroad. Cambodia, Mexico and Nepal were amongst the new destinations for surrogacy following a change in the law in Thailand. Many of the agencies that operated in Thailand moved into these new destinations. In our experience, when a country prohibits commercial surrogacy, clinics often move to new destinations. In 2015 India, Mexico and Nepal prohibited commercial surrogacy. Some Indian clinics are now opening operations in Georgia and Ukraine.
Some couples are in the middle of their arrangement in India, Nepal or Mexico and need advice on how to complete the process and return to the UK with their child. We can help with this and have already helped couples return from Thailand and Cambodia.
It is important to do extensive research before embarking upon surrogacy abroad. Do seek advice from us to help you make sure that whatever decision you make is legal in the destination chosen and does not impact on your ability to secure a Parental Order in the UK.
The better surrogacy clinics will be transparent about their surrogate recruitment policy and the compensation paid to the surrogate. The onus is on you to ask relevant questions at all times to make sure that exploitation does not take place. We advise that you have private discussions with your surrogate and hire an independent interpreter where necessary. If you do not do this you risk there being serious misunderstandings between you and the surrogate that can lead to difficulties as happened in the controversial case in Thailand in 2014 where there was complete breakdown of communications between the IP’s and their surrogate right from the start of the process. You need an interpreter to make sure that you all understand the terms of your arrangement.
We have acted for couples using many of the established clinics that have now moved to new destinations.
Having conducted surrogacy cases for many years, we are in a good position to advise you of the pitfalls to look out for. We also have experience with the citizenship and passport procedure to get you back to the UK with your child swiftly.
Regardless of the law in the destination chosen, the surrogate is always the legal mother. Whether one of you is the legal parent will depend on the circumstances surrounding the insemination or embryo transfer and whether the surrogate is married or in a Civil Partnership. It is essential that you get advice before you start the process and preferably before you select the surrogate. We will advise you on whether you can become legal parents and also how to return to England with the child. We will then provide a bespoke service for you to obtain a Parental Order.
A Parental Order extinguishes the legal rights that the surrogate and her husband/Partner have for the child and makes you the legal parents. If you do not apply for a Parental Order by the time the child is 6 months old, you will need to consider alternatives such as adoption. The deadline has been extended in some cases and we do believe that it will eventually be lifted. However, until it is, we will work with you to ensure that all of the necessary paperwork is in place for the Parental Order process to be applied for within the deadline.
Please call our surrogacy lawyers for advice on surrogacy.
Read our testimonials to see what other couples say about us.
Please be advised that our role is limited to providing legal advice on surrogacy based on the law in England.
We will not recommend any surrogacy provider, destination, agency or clinic. Entering into a surrogacy arrangement abroad requires much research and advice. Our role is to advise you on your position from a UK law perspective if you were to proceed with your arrangement. If our advice concludes that you can become legal parents following the arrangement, it should not be considered as advice to proceed. If we have acted for couples who have entered into similar arrangements, you should not take that as advice to proceed.
We will not take part in any negotiations for your surrogacy arrangement nor, will we review your surrogacy contracts.