The adoption of children can be an exciting but extremely emotive process from the initial decision to adopt, through to the actual court action, whether or not the application to adopt is opposed by the birth parent. Both couples and single people are able to adopt – including step-parents – and we routinely provide advice to applicants in a variety of circumstances and will represent you and support you through the legal process.
Surrogacy is legal in Scotland and there are two forms of surrogacy, namely partial or full. Partial surrogacy involves the surrogate mother’s egg being fertilised with the intended father’s sperm. Full surrogacy involves the implantation of an embryo into the surrogate mother. As such, with full surrogacy there is no genetic link between the surrogate mother and the child.
A couple who commissions a woman to give birth in a surrogacy agreement are not considered to be the legal parents of the child in the UK until such time as they secure a parenting order. There are strict timescales imposed for obtaining a parental order and you should seek early legal advice to ensure that the proper procedure is followed.
Whilst it is possible for the surrogate mother to change her mind at any time prior to a parental order being granted, we can advise couples of the remedies that may be available to the couple seeking a parental order and advise accordingly.
All going to plan, a parental order will be granted and the child is then treated in law as if born to the persons who obtained the order. Timely advice is strongly recommended.
How Turcan Connell can help you
If you are coinsidering entering the adoption process or exploring surrogacy options, contact a member of the Divorce and Family Law team today to start the conversation.