The Legal Solutions for Surrogacy in Northern Ireland

Today, surrogacy has thankfully become increasingly more common and a more obtainable option for individuals and couples. Surrogacy can sometimes be the only available option for couples or individuals who are unable to conceive or carry a pregnancy but would like to have their own child. 

Whilst change is happening, surrogacy law in Northern Ireland and the rest of the UK remains quite complex. To celebrate National Surrogacy Week this blog will explore and examine some of the biggest legal challenges and outline how a lawyer can help you to overcome these. 

What are the biggest legal challenges to surrogacy in Northern Ireland?

One of the biggest complications faced by people wanting to become parents via the surrogacy route is that although it is legal, there is in fact no specific surrogacy legislation in place. This means that surrogacy arrangements in Northern Ireland are not legally enforceable. 

Intended parents, surrogates, and children born through surrogacy may therefore face legal uncertainties and risks, particularly around parental rights and responsibilities, immigration and citizenship. For this reason alone, there must be trust and understanding between all parties involved in the arrangement.

This is where a so-called surrogacy agreement comes into play. This is a legal contract between the intended parents and a surrogate that sets out the terms of the surrogacy arrangement. It typically covers issues such as the surrogate’s reasonable expenses, medical expenses, the intended parents’ responsibilities during pregnancy, and their legal parentage after the child’s birth.

Legal advice and support from a professional are essential to navigate these complex issues and any problems that may arise.

How can a lawyer work with you to write your surrogacy agreement?

Even though a surrogacy agreement is not legally enforceable in Northern Ireland, it is still recommended that intended parents and surrogates enter into a written agreement to help establish clear expectations and understandings between all parties involved in the surrogacy process.

While a surrogacy agreement cannot guarantee the intended parents’ legal parentage, it can provide evidence of intentions and understanding from everyone when the surrogacy arrangement was made. It can also help prevent disputes and misunderstandings during or after the surrogacy process.

Working with an experienced lawyer specialising in surrogacy can help you understand what you should consider in your surrogacy agreement and can advise on any potential legal risks or issues that may arise.

Surrogacy in Northern Ireland: when is the baby legally yours?

Currently, those who have a baby via surrogacy must wait six weeks or longer to be registered as the child’s legal parents, which can lead to problems and complications, especially if the baby needs medical care.

The legal mechanism for this is a so-called parental order, which is granted by the court and is akin to an adoption order: it makes the intended parents of the child the legal parents, permanently removing the legal parenthood of the surrogate and her spouse.

The transfer process of legal parenthood in surrogacy can be lengthy due to the legal requirements involved. In Northern Ireland, all Parental Order applications must be filed with the High Court in Belfast. The court will appoint a Guardian ad Litem to represent the baby and assess their well-being and health. The guardian will meet with the intended parents and report back to the court. They will make an order only after the court is satisfied with the baby’s well-being and health. The entire process, including the guardian’s assessment and the court hearing, could take several months to complete.

Will the law change around surrogacy?

The current laws on surrogacy in Northern Ireland are outdated and are undergoing change. Presently they do not adequately protect the rights of all parties involved in the surrogacy process, including the surrogate mother and the intended parents. As a result, the Northern Ireland Assembly passed the Child Arrangements Bill in March 2021, which aims to update and modernise the law on surrogacy.

The new bill proposes to establish legal parenthood for the intended parents of a child born through surrogacy, as well as provide greater protection for the surrogate mother and the child. It also sets out specific criteria for surrogacy arrangements, including the requirement for the intended parents to be over 18 years of age, to have a genetic connection to the child, and to undergo counselling before entering into a surrogacy arrangement.

The bill has been welcomed by many as a step forward in recognising the rights of all parties involved in surrogacy, but it still needs to go through additional legislative stages before it becomes law.

In 2022 in Northern Ireland, Patrick and Jon Coyle made legal history when they became the country’s first same-sex couple to become parents via surrogacy

This event signifies an essential milestone for same-sex couples in Northern Ireland who have previously encountered legal and social obstacles in starting a family. The couple expressed their joy and gratitude at the birth of their child and hope that it will encourage other same-sex couples to explore surrogacy as a viable option for starting their own family.

Want to learn more about surrogacy in Northern Ireland? Contact the Wilson Nesbitt team

For more information about surrogacy, get in touch with our friendly, professional and highly experienced Family Law team.

We can help you with:

• any legal issues that may arise during the surrogacy process
• the surrogacy agreement with the surrogate 
• the parental order process and how to apply
• the documentation and forms you need to prepare
• personal or financial information required

Partner Ciara Brolly and the Family Law team will advise you on the first steps and best solutions which will suit you, your family and your future plans.

Call us on 0800 840 1363 or make a private and confidential inquiry via our Let’s get Started form.

FAQs

Is surrogacy legal in Northern Ireland?

Surrogacy is legal in Northern Ireland; however, it isn’t formally regulated, meaning that any arrangements entered into are not enforceable in law.

Is it legal to pay a surrogate mother?

While surrogacy is legal in the UK and Northern Ireland, it is illegal for this to be a commercial arrangement. This means that you cannot pay a surrogate mother to carry a baby for you.

What if a surrogate decides to keep the baby?

The surrogate remains the legal parent up until a parental order is made. The surrogate’s consent is also required before a parental order can be made. This means that she is free to change her mind up until the court grants the parental order, and the intended parents have no legal recourse under UK law.

What is a parental order?

A parental order makes the intended parents of the child the legal parents and it permanently removes the legal parenthood of the surrogate and her spouse. Once the order has been made, the birth will be re-registered and the original birth certificate will be sealed and only accessible to the child once they are over 18. The court process can take several months and will usually involve one or two court hearings.