Definitely some winds of change taking place on surrogacy in the UK. Finally someone has put their head above the parapet and demanded equal rights as a new mother to maternity leave. A Newcastle Employment tribunal has referred the case to the European Court of Justice in order to consider whether a mother through surrogacy has a right to paid maternity leave to bond with her baby, establish breast-feeding and develop her family life. The claimant feels that the law should encompass new mothers and not just gestational mothers, and given that she looked after the baby from an hour old and breast-fed for three months, many would think it was hard to disagree. Continue reading “Surrogacy Maternity Leave Tribunal” »
Well it took nearly a year, but our surrogate twins finally got their British Birth Certificates issued last week. Unlike when a baby is born naturally, it isn’t simply a case of applying to the registrar and filling a in a form. Continue reading “British Birth Certificates for USA-born Surrogate Babies” »
We are feeling so happy as today we became our children’s parents. Sounds kind of strange, but until today my biological children, our little twins, were not considered legally our children because they were born with the help of a gestational surrogate. British law recognises the surrogate mother as the legal mother, and if she is married or co-habiting, her husband or partner as the legal father. No matter that we are the biological parents, or that when they were born in the USA we were issued US birth certificates for our babies which clearly name us as the only parents. Continue reading “Legal Parents! Our Surrogacy UK Parental Order Granted” »
In summary, a British couple paid Indian surrogates to give birth to their children and have just been granted parental orders in the British High Court.
Once in a while these stories appear in the national press, but interestingly parental orders are issued to UK parents of international surrogate babies much more often than is reported. At our first hearing in the High Court we were one of three couples appearing that day requesting parental orders!
However, this is the first time I am aware of where a surrogacy arrangement in India has been publicly granted a parental order. The Judge, in this case Sir Nicholas Wall, has to feel confident that the amount paid would not ’overbear the will of the surrogate’, and this can be more questionable in India due to the low average earnings.
Nonetheless, parental orders have been duly granted and above all, the welfare of the children was again considered paramount in an echo of similar cases where Justice Hedley has published similar outcomes. All good news for British couples looking in to international surrogacy to overcome infertility.