What about practical arrangements?
There are various practicalities to consider, such as arrangements during your surrogate’s pregnancy. These include communication with her; time spent with her; whether you will be present at the birth; and when she will hand over the child to you. Our legal team can explore these with you.
A key arrangement which could cause issues is payments to the surrogate. Although it is not illegal in the UK to pay a surrogate, the family court will consider any payments made to your surrogate as part of your Parental Order application.
There has always been a misconception that it is illegal to pay a UK surrogate more than ‘reasonable expenses’, but this isn’t true. The payments made are simply a consideration for the judge, who must authorise payments of more than ‘reasonable expenses’. This term has never been defined, making this issue tricky for both intended parents and surrogates. The judge considering your application for a Parental Order will want details of the payments you have made to the surrogate so it is important to get advice about payments at any early stage.
