Heads our family law team and an accredited specialist in family law, child law and mediation
PartnerLisa Girdwood
Solicitor Advocate, regularly instructed in high value cases and cases with international elements
PartnerSusie Mountain
Leads the Highland & Islands family team as an accredited specialist in all aspects of family law
PartnerSarah Lilley
As regulated by UK law, surrogacy is legal in Scotland, but has a stringent set of rules on how a surrogacy arrangement should operate. It is therefore important to properly understand the legal implications of entering into a surrogacy arrangement.
Surrogacy is where a surrogate mother carries a child for intended parents as part of an arrangement entered between them. The surrogate (and her spouse) will continue to be the child’s legal parent until a court orders otherwise and will have parental rights and responsibilities in relation to the child as a result.
The intended parents are not legally the child’s parents until a parental, or adoption order, is made by the court. Until then, the surrogate is not obliged to hand over the child to the intended parents unless and until the court has determined the matter. The court has a number of factors to consider when determining whether to make a parental order and it is important to understand that criteria at an early stage.
Sarah Lilley, accredited child law specialist and partner
"They treated me in a sensitive way during a very difficult and emotional time. They explained everything very clearly, laying out the options and advising on what they felt was best, without pressuring me."
Chambers UK 2021
"They treated me in a sensitive way during a very difficult and emotional time. They explained everything very clearly, laying out the options and advising on what they felt was best, without pressuring me."
Chambers UK 2021
"Professional, discreet, loyal, honest service by people who care about their clients."
Legal 500 UK 2021
"This firm has multiple capabilities that are readily available to its clients. Extremely professional front line and support staff. Friendly, empathetic and exceptionally knowledgeable."
Legal 500 UK 2021
For international surrogacies, it is important to be advised carefully on the differences in surrogacy arrangements entered elsewhere in the world and what you can or cannot do as part of that arrangement. It is important to plan ahead and consider issues which may arise when returning to the UK.
Because of our connections with family lawyers based around the world, and our in-house immigration expertise, we can provide coherent guidance to intended parents planning to enter an international surrogacy arrangement.
Thank you again for all your hard work and support. I have very much appreciated it and I genuinely could not have asked for anyone better to act on my behalf.
Client testimonial
Surrogacy key highlight
- Lisa Girdwood regularly presents at national conferences on issues concerning child law including surrogacy.
Get in touch with a member of our Family team
Our divorce lawyers, family solicitors and mediators are personable and approachable. Our objective is to resolve matters for you as efficiently as possible, so that we can get the best outcome for you and your family.
