Another Cautionary Tale for DIY Surrogacy

A UK surrogacy case has resulted in legal chaos and paternal uncertainty yet again. In this case, a husband and wife inseminated a good friend of theirs with the husband’s sperm. The parties did not consult or use a lawyer, physician, or a counselor, nor did they seek any other type of professional advice before commencing. They felt comfortable with their informal surrogacy arrangement and went forward with it.

The peaceful arrangement was short lived. The couple separated after the birth and when the Intended Mother tried to assert her rights, everything fell apart.

In the UK, without an adoption or a timely parental order, the birth mother is the natural mother. Ultimately, since neither an adoption or a parental order were done in time, the birth mother was able to retain rights to the child.

It is important to note that there were many missteps present here. In addition to the legal uncertainty and risk of doing a surrogacy without professional medical intervention, the parties also ignored the laws of their jurisdiction. So, not only was the surrogacy not medically appropriate, but even if it had been, they had no legal foundation to secure the appropriate parental rights.

The appropriate legal professionals should always be consulted before embarking on a surrogacy for the good of all parties involved.

Read the article here.