Surrogacy and Assisted Conception

Many couples who are looking to start a family may be given hope with the law surrounding assisted conception. It is complex and different from traditional family law. Often couples, whether they are heterosexual or lesbian couples, can use a sperm donor in order to conceive a child.

The law surrounding assisted conception for reproduction is complex, especially when establishing who the legal parents are, and there are differing requirements depending on the status of your relationship (married, civil partnership or not).

In a previous article on surrogacy, we looked at how Tom Daley and his husband Dustin Lance Black had used a surrogate mother in the US to become parents to their son Robert Ray.

Despite them being recognised as their son’s parents in California, the state their baby was born in, they were still required to obtain a Parental Order in the British courts showing the marked difference between UK and US law.

You need to apply for a Parental Order when you and your partner use a surrogate to have a child as a Parental Order transfers legal rights from the birth mother to you and your partner.

That is why it is very important to get expert legal advice before entering into a surrogacy arrangement so that you know what is required to confirm your status as the child’s legal parents under English law.

Kate and Emily entered into a relationship and after three years they decided that they wanted to start a family. They went to a UK licensed fertility clinic and with the use of a sperm donor Kate gave birth to Jack on 1st December 2016. Unfortunately Kate and Emily’s relationship broke down and Emily moved out of the family home. Emily wants to spend time with Jack but Kate is not in agreement and Emily is not sure what her rights are.

Legal parents

As the birth mother Kate is the first legal parent.

Introduction