The relationship between a surrogate and intended parents may break down.
We have seen surrogacy disagreements about payments, attending scans, attending the birth, names on birth certificates and providing consent at Parental Order stage. It is possible to attend mediation services in order to try and reach a resolution but this may not be successful.
As surrogacy agreements are not binding or enforceable in the UK, neither party can be bound to any terms. Many people don’t even have a surrogacy agreement.
The surrogate may change her mind and request the return of the child at anytime before a Parental Order is made even if she has signed the A101a consent form. In England, unless you can show that the surrogate has consented and continues to consent, you will not get a Parental Order. The same applies to her husband if she is married.
We have acted on a UK case where the surrogate changed her mind and IP’s applied to the court for care of the child. Do feel free to call us if you would like more details about this scenario. We will advise on the immediate steps to take and the possible outcomes for you.
The intended parents may change their mind and not accept care of the child. This is rare. We have advised on a case where the surrogacy took place in the US and the British IP’s did not accept the child. This was following many disagreements and other very complex medical factors.
It is fair to say that surrogacy disagreements usually only occur when there was an absence of legal advice at the very start of the process. However, they can occur at anytime. Feel free to call us no matter what stage you are at in your surrogacy journey.
Please call our surrogacy lawyers for advice on surrogacy disagreements today on 01727 884 688 / 07980 917882 or e-mail Harjit directly at firstname.lastname@example.org
Do visit our testimonials page to read what other couples say about us.