Surrogacy in Northern Ireland

In Northern Ireland, the application may be made within the first 6 months of the child’s birth and before this application is submitted to the Court the child should be in the possession of the arranged parents.

For a successful Surrogacy arrangement, both parties must enter into the agreement with mutual understanding and corresponding intentions for the transfer of the child and legal parental rights to the chosen party at the birth of the child.

If you are thinking about Surrogacy or becoming a surrogate and want further family legal advice. Please complete our legal enquiry form provided on this page and we will offer you our expertise.

It is important to understand that, the child’s birth mother (the surrogate) remains the legal parent of the child until the intended parents obtain a court order, known as a parental order. In the case where the surrogate is married or in a civil partnership, the spouse or civil partner will be the child’s second legal parent until the parental order is in place.

While it's uncommon for disputes to arise in surrogacy arrangements, in the event of a disagreement, the court will determine parental responsibility and the child's contact with involved adults.

While it's uncommon for disputes to arise in surrogacy arrangements, in the event of a disagreement, the court will determine parental responsibility and the child's contact with involved adults.

Always prioritizing the child's well-being, the court seeks a positive outcome. If you're caught in a surrogacy dispute, we're here to assist you. We can offer guidance on navigating the situation, and provide support for arbitration, mediation, and negotiation, all aimed at reaching a prompt and amicable resolution.

It is common for those seeking surrogacy to travel abroad for various reasons including cheaper medical costs, cheaper medical costs, and legal considerations such as being named on the original birth certificate.

However, for those who choose to get their surrogacy abroad, it is key they receive the correct legal advice to ensure all the necessary documentation is in place before they bring the child home.

In certain nations, pre-birth orders can establish legal parenthood for intended parents right from the birth of the child. However, it's important to note that such orders are not acknowledged in England and Wales. Therefore, intended parents will still need to obtain a parental or adoption order to legally confirm their parenthood in their home country.