What You Need to Know About Surrogacy in Scotland   

Having a Surrogate can profoundly impact a family’s life. This remarkable journey involves a woman carrying and giving birth to a baby on behalf of another person or couple who, unfortunately, are not able to conceive or carry the baby themselves, thereby offering them the gift of parenthood.   

This blog provides essential information for individuals or couples who are considering surrogacy. We will explore the surrogacy process, discuss how it works, identify the legalities involved, outline parental rights, and explain how Jones Whyte can support you in the surrogacy process.   

Why Do People Enter Into Surrogacy Arrangements?  

There are numerous reasons why an individual or couple may consider surrogacy, and this could be for the following reasons:   

How Does Surrogacy Work in Scotland?   

The surrogacy process typically involves a number of steps, starting at the decision to explore surrogacy as a means to start or expand a family and ending with a Parental Order granted at court.  

The steps to surrogacy include:   

Seeking expert legal advice for surrogacy in Scotland? Reach out to our dedicated team today on 0800 2000 2035 to speak with an experienced surrogacy lawyer, they will help ensure your journey is as smooth as possible.

Requirements for a Parental Order in Scotland  

Even if you have a surrogacy agreement put in place prior to the child being born, you will need to apply to the court for a Parental Order after the baby is born, as the surrogate will legally be considered the child’s mother unless and until this has been granted. In some cases, the surrogate’s spouse or partner will also be considered the baby’s second legal parent.  

For the order to be granted, it is essential that the child is genetically related to one of the intended parents, that the surrogate gives her consent to the order a minimum of six weeks after the birth, and that the intended parents submit the application for the Parental Order within six months of the child’s birth.  

The granting of a Parental Order is not automatic nor guaranteed. The applicable legislation must be adhered to, and the courts will decide whether to grant the Order based on all of the circumstances of the case.  

It is illegal for the intended parents to pay a surrogate for anything other than reasonable expenses. There is no exhaustive list of what may be considered reasonable expenses however generally they may include costs such as medical expenses, the costs of travel to appointments, maternity clothing, and loss of earnings due to pregnancy and childbirth.  

It is very important for intended parents who use a surrogate abroad to know that they must comply with the law of surrogacy in Scotland and apply for a Parental Order in the courts here on their return with the baby.   

Legal Parenthood 

For the intended parents to be recognised as the child’s legal parents, obtaining a Parental Order is required. This order not only ensures the child’s legal security but also provides the intended parents with peace of mind by confirming their legal status. In order to secure a Parental Order, the intended parent(s) will require to lodge an application at court. Certain reports will be done for the court, and there will be at least one hearing at court. Our surrogacy lawyers will be able to explain and guide you through the court process.  

How Jones Whyte Can Help  

Seeking legal advice is a crucial part of the surrogacy process. Our knowledgeable and compassionate surrogacy lawyers in Scotland are ready to guide you through each of the steps, ensuring you fully understand the process. They will provide you with confidence throughout your surrogacy journey. 

Key Takeaways   

Frequently Asked Questions 

What if a surrogate decides to try to keep the baby? 

A surrogate has the right to withhold her consent to a Parental Order being granted, regardless of whether she has previously expressed consent, and without her consent the application for such an Order cannot proceed. In that situation, the intended parent or parents require to consider alternative routes to securing legal rights in relation to the baby through the courts, including adoption. 

How much do our surrogacy lawyers cost? 

Our experienced surrogacy lawyers prioritise your family and offer a range of competitive rates to suit your individual circumstances. 

Why is it important to seek independent legal advice from a lawyer?  

It is crucial for intended parents to seek independent legal advice before entering into surrogacy agreements, so they can fully understand the process and what it will entail.