Because there’s more to kids than custody.


Surrogacy is when another person carries and gives birth to a baby for a couple who want to have a child.

Surrogacy is legal in Scotland. However, surrogacy arrangements are unenforceable.

So, even if a contract has been signed and expenses have been paid to the surrogate mother, a surrogacy arrangement is not legally enforceable; the surrogate mother is the child’s legal mother. If the surrogate mother is married, her husband will be the child’s legal father.

Legal input is required to put the relationship of the intended parents and child on a proper legal footing. The intended parents can, in most circumstances, create the relationship of parent and child by obtaining a parental order.

There are a number of conditions and tight deadlines which must be met before obtaining a parental order. It is important to act swiftly.

If a parental order cannot be obtained, the parent and child relationship can be created using the adoption process.

Our family law team can provide:

  • guidance on the surrogacy process
  • court representation
  • assistance to intended parents to apply for a parental (or adoption) order

Contact our family law experts today for more information

If you have a question or enquiry then get in touch with our Family Law team

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