# Legal Aspects of Surrogacy abroad.



## Fruitbat24 (Nov 6, 2006)

Hi 

I was curious to find out how the law in Britain applies to children born via gestational surrogacy abroad.  Has anyone has any experience of this?  I know there have been problems bringing children back from a country such as India, but how does it affect countries like America.

Anyone know of any specialist lawyers in this field?


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## **Tashja** (Jan 13, 2005)

Hi Sabreena

I can't help but we do have a "residet Lawyer" on FF.

I have let her know of your post and I am sure she will reply soon and be able to help you.  Her name is Natalie. 

HTH

T xx


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## Fruitbat24 (Nov 6, 2006)

Thanks Tashja

Good Luck with the caesarean!!


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## bottleofwater (Jun 19, 2007)

hi Fruitbat

I think but not sure that you have to prove one parents dna with the child like the fathers. This country is not the easiest unfortunately thanks to the Kilshaws publicity from acquiring twins a few years back.  I know in terms of documents California is the best place for legalaties in having papers signed over to you, but very expensive.  THe ukraine and Russia are also very promising.  There has been a member on here who has twins via surrogate in the states "gestational", but I don't know of any others.  THe conceiving abroad yahoo group has a few American women trying in the Ukraine through gestational.


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## NatGamble (Mar 1, 2007)

Interesting question.

Provided at least one of the intended parents is domiciled in the UK then, under UK law at least, the intended parents can apply for a parental order in the normal way.  The law specifically says that the rules apply 'whether the woman was in the UK or elsewhere' at the time of conception, so they apply to a foreign surrogate just the same as a UK one.  

As with all parental order applications, the parents must be at least 18 and married to each other, at least one of them must be the genetic parent, the child must be living with them and they must apply within 6 months of the birth.

However, that's possibly only half the story.  You would also need to look at the law in the country of the surrogate and, if there was a conflict between the rules here and there, work out under private international law rules which legal system has jurisdiction.  It's not an easy question and will depend on the countries involved and the particular facts of the case.  You'll also need to look at the immigration rules to check whether there is any issue with bringing a child into the UK.

Complicated stuff!  I can advise on particular circumstances if any of you need help with this.

Natalie
[email protected]


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## Fruitbat24 (Nov 6, 2006)

Thanks for that Nat.

It is really complicated, I am just considering all the options at the moment. Its good to know there is somewhere I can turn to if we ever needed to go abroad.  Biological clock ticking and all that.  

I was also curious has anyone ever travelled abroad for IVF with their surrogate mother?  Costs mount up so quickly here.


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