Surrogacy is legal in Scotland, although the surrogate mother cannot receive payment beyond her reasonable expenses.
However, the legal issues around surrogacy are not straightforward. If you are thinking about surrogacy (or adoption), it is important to seek legal advice as early on in the process as possible.
We can guide you through every step
Our family lawyers have experience helping families through surrogacy and fully understand the procedures and possible pitfalls involved.
We can support you on matters such as:
- the two types of surrogacy – partial and full surrogacy – and any legal issues associated with each type
- how parenthood is ‘transferred’ to the intended parents via the courts
- procedures and timelines for applying for a Parental Order
- your rights and legal responsibilities.
The importance of a surrogacy agreement
Surrogacy arrangements are not legally enforceable, although in most cases the courts have ruled in favour of parents seeking to uphold a surrogacy agreement. A surrogacy agreement forces all parties involved to contemplate all the potential issues arising in the surrogacy process. It also gives a clear indication of the intention of all parties at the time of the agreement in case this is ever called into question.
The surrogate mother has the legal right to keep the child when it is born – even if a contract has been signed and any expenses paid. Until a court order is made, a surrogate mother will always be treated as the child’s mother.
Using our extensive family law experience, our team can mitigate any risks around the enforceability of surrogacy arrangements, and try to smooth the way for you at every stage.
