Adoption
and Surrogacy

Adopting a child is a sensitive and complex process with significant legal implications. With our expertise in the field of adoption Law, we can advise and guide you through this process.

Part of the process will require you to be assessed by the Local Authority. As in any case involving the State with an individual expert advice and guidance is necessary.

There are different types of adoption:-

• Domestic Adoption – This involves the adoption of a child within England and Wales where the child is either a family member or in the care of the Local Authority.
• International Adoption – This is the adoption of a child who is being brought from a country outside England and Wales
• Step-Parent Adoption
• Foster Parent Adoption
• Local Authority Adoption – When it is your child who is potentially being placed for adoption by a Local Authority
• Surrogacy Adoption

 To make an adoption legal, a Court has to grant a Court Order and the accredited children law specialist at Venters Solicitors can help you through this process.

If you require more information, we have created a guide tailored to same sex couples. You can check it out by clicking the link below:

Surrogacy is an arrangement in which a woman carries a child on behalf of someone else. This is an evolving area of law, therefore getting the correct up-to-date advice is crucial in helping you embark on the process or to resolve your legal case.

There are two different types of surrogacy.

Full surrogacy in which the embryo is created by either:-

• The sperm and eggs of the intended parents
• Sperm from the intended Father and a donor egg
• Donor eggs and donor sperm

Partial surrogacy in which an egg from the surrogate Mother is fertilised by sperm from the intended Father.

Surrogacy Law

Surrogacy is a complex area of law. The woman who gives birth to the child is always treated as the legal Mother, regardless of whether or not she is genetically related to the child until parentage has been legally transferred after the birth. A woman will not be regarded as the Mother through egg donation alone.

Surrogacy arrangements are not legally enforceable in the UK, so the surrogate Mother has the right to change her mind and keep the child, even if a contract has been signed and expenses have been paid to her.

After the child has been born, parentage can be transferred to the intended parents through one of the following methods:-

• Parental Orders which transfers the rights and obligations of parentage to the intended parents. At least one of them must have provided the egg or sperm and they must be married, civil partners or living together as a couple.
• Adoption. This is where neither of the intended parents is genetically related to the child then they can apply for parental responsibility through adoption. However a registered adoption agency must have been involved in the surrogacy process, so it is vital to get legal advice at the outset.

International Surrogacy

Surrogacy law differs from country to country. If you are considering entering into a surrogacy arrangement abroad there are additional factors to take into account:-

• Local parental responsibility laws
• Ethical issues such as how surrogates are recruited and compensated
• Visas for the child to enter the UK

The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 came into force on 3 January 2019, which enable single people for the first time to apply for parental orders.

If you require more information, we have created a guide tailored to same sex couples. You can check it out by clicking the link below: