# Surrogacy not illegal for those not domiciled in UK but how to do it?



## Meift (Jan 19, 2010)

Hi, I am new to this site.  I know that following the Turkish case, one cannot enter into a surrogacy arrangement unless he/she is domiciled in UK.  However, it is not illegal to do so.  Can someone tell me how to go about it and the likely costs involved?


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## Meift (Jan 19, 2010)

Is it complicated, time consuming and expensive?

Extract re Order under ACA 2002, s 84

By ACA 2002, s 84(2) the High Court may, on an application by persons who the court is satisfied intend to adopt a child under the law of a country or territory outside the British Islands, make an order giving parental responsibility for the child to them. 

In addition to granting parental responsibility to the proposed adopters, an order under s 84 has the effect of terminating the parental responsibility of any other person. 

In order to qualify applicants for a s 84 order must be neither domiciled nor habitually resident in England and Wales and the child must have had her home with the applicants during the preceding 10 weeks.  

In accordance with Family Procedure (Adoption) Rules 2005, rule 29, before the court could consider making a s 84 order in this case it was necessary for the court to receive a report from the relevant local authority setting out in full detail the circumstances of the child and the applicants. 

In accordance with ACA 2002, s 1, this court must afford paramount consideration to the child's welfare throughout her life when considering whether or not to make a s 84 order.


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