# Scottish surrogacy..?



## jenbrem (Feb 22, 2011)

Hi there,

My husband and I are thinking about surrogacy, we already have a surrogate ready to rock and roll by January next year (we have some funds to raise for the IVF to retrieve my eggs), however, I've been doing some research and there seems to be so many question marks over the law involving surrogacy. We are in Scotland and I would have thought that there would be some out lines on what the law says, but it just seems so blurry.

Has anyone been through Surrogacy in Scotland as the IP's? if so how was everything for you? Did you have any legal issues? 

thanks for reading


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## duffy7 (Apr 3, 2011)

Hi jen,

sorry I'm of no help but just wanted to say im in the same position as you, starting the surrogacy journey in scotland.

Have you been on COTS and surrogacy uk website?  there are also surrogacy ******** sites.

I think with regards to the law, there isn't much involved other than its illegal to do commercial surrogacy i.e you cannot pay a surrogate, you can only give them expenses.


I believe legally the surrogate has the decision about most things to do with the baby and pregancy.

when the baby is born in Scotland it is the surrogate name that goes on the birth certificate along with the father (whereas in england its the surrogates husband)

This is just what i seem to have found out, so its not 100%

Pm me if you want to chat about it

x


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## jenbrem (Feb 22, 2011)

it is really quite confusing isn't it? how we are the same country but different laws about the same thing. i guess what's what confuses me. i read through an entire website only to see at the very end that all the info was only relevant in England and so i had to wipe out all that i'd learned and start over again. lol!

The other part of it is that i can't use a local solicitor, i would have to go 100 + miles away because we live in a small island of scotland, the solicitors here are erm... limited (i think that's the word) to parking/speading tickets and property buying and selling. lol!

where abouts are you in scotland duffy? i'm up in the western isles.

Jen


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## lily17 (Sep 25, 2008)

hi ladies


you maybe encouraged to know, i have used a Scottish surrogate, and she has done surrogacy previously in Scotland no problem. Also we had the baby at a hospital in Glasgow where they had delivered 7 surrogate babies previously in recent years, so its much easier than you think!
1. Find a surrogate and set out your agreement ( no solicitor needed, but you can have one if you want one)
2. she has baby with you at hospital
3. you take baby home and register the birth at your local office
4. 6 weeks later you apply for parental order at local sherifis court....sometime later order is granted
5. baby is yours forever...........


lily x


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## duffy7 (Apr 3, 2011)

Thats great news Lilly!!

Just wondering about court and cafcas costs......ive heard they are around £2000 in Scotland to get the parental order is that correct?


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## lily17 (Sep 25, 2008)

Hi Duffy


CafCas was around £250 that was it! 


No court costs


Lily x


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## duffy7 (Apr 3, 2011)

thanks Lilly thats what i thought!! but someone on a ******** page said it had been nearly £2000.

We are started host surrogacy process next week so maybe asking you a few questions if you didnt mind and all goes well!!

Did you use a lawyer? we don't plan to as looks like its quite straight forwrd to apply for parental order ourselves without the additional fees in an already expensive process. If all goes well would you mind asking me a few questions about the ins and outs of the process?

x


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## duffy7 (Apr 3, 2011)

Sorry jen missed your early message.....im in Ayrshire
x


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## duffy7 (Apr 3, 2011)

Lilly, was your baby born in scotland?

ive had more people say that courts and charge £1500 for fees associated with the layer for the parental order and that you dont use cafcass in scotland?

x


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## Thistlekilt (Mar 17, 2013)

Hi

We are IPs in Scotland too, CAFCAS doesn't operate in Scotland, this is only for babies/IPs in England.  £1500-£2000 sounds about right for a PO.

A few years ago we used a solicitor, which was the biggest mistake, charged us almost £1000 for an agreement. I'd suggest doing this yourself or go via an agency like COTS or SUK.

good luck!


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## duffy7 (Apr 3, 2011)

Thanks thistle! so another 2k to factor in then


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## Christinafalc (Aug 3, 2013)

I am a surrogate un Scotland ( no Intended parents yet) and never realised there was an issue between England and Scotland Is it best to find IP in Scotland for legal reasons?


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## kaosfusion (Oct 24, 2011)

The best site i have found for Scottish Surrogacy law is this one: http://www.brodies.com/blog/family-law/surrogacy-in-scotland/

Hope that helps!

Claudia

/links


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## kaosfusion (Oct 24, 2011)

duffy7 said:


> when the baby is born in Scotland it is the surrogate name that goes on the birth certificate along with the father (whereas in england its the surrogates husband)


It depends on what kind of journey you are having, I am doing a GS journey and my husband's name will be on the Birth Certificate. My surrogate is then applying for a parental order.

Best resource for British law is Natalie Gamble: http://www.nataliegambleassociates.co.uk/page/Surrogacy/22/ and can answer most questions.

Claudia

/links


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