Surrogacy & Fertility

We have expertise in advising people on the creation of modern families and assisting to resolve any disputes that may arise in the process.  We help same-sex and heterosexual couples, both married and unmarried, from diverse backgrounds and cultures. 

We can assist with:- 

Surrogacy planning – many people mistakenly believe that signed surrogacy agreements are legal and enforceable in the UK but this is not the case. We can advise you on the legal position and how to obtain legal parenthood after your baby is born. We would encourage you to seek legal advice very early on in your surrogacy journey.

Parental Orders – if you are having a child using a surrogate, under English law you will not automatically be the child’s legal parent. You will need a Parental Order extinguishing the surrogate mother’s parentage (and that of her partner if she is married or in a civil partnership). A Parental Order will transfer all rights and responsibilities for your child to you (and your partner if they too want to be recognised as a legal parent). 

Surrogacy disputes – occasionally legal difficulties arise during the limbo period before a Parental Order is granted, such as communication issues with your surrogate, birth registration and the exercise of parental responsibility.  If there are disagreements, you may wish to seek legal advice early on and we will help you resolve matters in the most practical way. 

Co-parenting – in circumstances where two individuals who are not in an intimate relationship decide to have a baby, we can help you avoid mismatched expectations and future disputes by preparing a Co-Parenting Agreement.  We can also assist with any disagreements that may arise during the child’s upbringing, whether those are financial or in relation to the role the donor/father (and possibly their partner) should play in the child’s life. 

Legal status of biological and non-biological parents – It is important to note that the surrogate mother is automatically deemed the mother at birth even if she does not have any biological connection to the child. As each surrogacy arrangement is unique, it is important to have advice early on about the legal rights of each person involved in the arrangement. A biological connection to the child does not automatically result in parenthood status.

The Wollens Family Team can provide sensitive and supportive legal advice to help you navigate the process of starting your family or resolving disputes.  We will ensure you have all the information you need to make informed decisions and all documentation in place to comply with legal formalities. 

We can offer flexibility in the type and amount of legal advice appropriate for your case and can tailor our approach to suit you and your family. This might involve advising and assisting from start to finish or simply ‘behind the scenes’ advice for occasional questions and the more complex parts of the legal process. 

We are also acutely aware of the special, emotional and sometimes stressful journey you are embarking on and will deal with your case with the utmost sensitivity and professionalism.