# Legal right of egg donor while using international surrogacy



## PaulJamie (Feb 17, 2011)

Hi

We are a gay couple hoping to find a UK egg donor who would be willing to travel to India for the surrogacy to take place with an Indian surrogate. 

What are the legal rights of an egg donor in this situation? The clinic in India will help deal with legal issues, but where do we stand legally once we return to the UK? Will we remain the legal parents, or does the egg donor have any rights in this regard?

Any advice gratefully received...

Paul and Jamie


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## LouGhevaert (May 18, 2009)

Hi Paul and Jamie

The law surrounding international surrogacy is complex and you should take great care to manage the legal issues and get expert legal advice before you embark upon a surrogacy arrangement as there are many legal pitfalls to navigate.  In particular, English law does not automatically recognize foreign birth certificates and foreign parentage orders naming you (as the intended parents) as the child's legal parents.

For British people conceiving abroad with a foreign surrogate, English law says that the foreign  surrogate mother will be the child's legal mother (irrespective of whether she conceives using her own or donor eggs) therefore excluding the legal status of the egg donor.  If the surrogate is married then her husband will be the child's legal father (unless he does not consent to the arrangement which can be difficult to establish) to the exclusion of the intended (biological) father.

This means that one or both of you as the intended parents would have no legal rights for the child for English legal purposes and you would need to apply to the English court for a parental order to obtain parental rights and extinguish the legal status of the surrogate (and if married her husband).  The process for obtaining a parental order is complicated in international surrogacy cases and you would need to meet all of the legal criteria - do investigate the process and the criteria carefully so you know what's involved before you enter an agreement.

You will also need to ensure you can navigate a safe path home to the UK after the birth with the child and you will need the right travel papers for the child.  You should  therefore investigate the immigration law requirements as well so you don't find yourselves stranded abroad with your child without the means to get him/her home.

All the best

LouGhevaert


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## PaulJamie (Feb 17, 2011)

Thanks for the advice Lou. Very kind of you to take the time to answer.

Paul&Jamie


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## LouGhevaert (May 18, 2009)

Hi 

I'm glad it was helpful.

Best of luck with it all.

LouGhevaert


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