# scottish surrogacy law



## janesmith488 (Jun 15, 2009)

Hi does anyone know if the scottish surrogacy law and parental responsibility law is the same as England please?

Thanks
Jane
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## Val123 (Jan 24, 2009)

It is based on the same principles, but I do know that the actual technicalities regarding parental orders vary between Scotland and England, for example, in England the birth has to be registered within 6 weeks - however in Scotland it must be registered within 21 days.

Another difference is that in Scotland, even if the surrogate is married, the IF can be named on the original Birth Certificate as the Father, so long as the surrogate's husband provides a letter confirming he has no objection.

Apart from those two differences, I am pretty sure the law is the same in respect of the Parental Order, though there is a different type of form which is submitted to the Sheriff Court in Scotland.

Here is a link which might be useful for you http://www.scotcourts.gov.uk/session/rules/chapter81.asp

Hope that helps

Val


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## janesmith488 (Jun 15, 2009)

Thank you so much. Do you know where i can find the rule about IF being allowed to be put on the birth certificate if the surrogate's husband confirms he has no objection?

What if you have a scottish surrogate and she comes to England to give birth? any idea what law would apply in that case?

Jane
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## Val123 (Jan 24, 2009)

The law which applies will be the law relating to the country where the child is born.  So if baby is born in England, english law applies.  If baby is born in Scotland then Scottish law would apply, particularly as the surrogate (who is regarded as the legal mother is Scottish).

I'm pretty sure I found that snippet about the IF going on the BC when I did a general search of the Registers regarding parental orders.  I will try and find the link for that.

Val


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## Val123 (Jan 24, 2009)

The law can be found in the Surrogacy Arrangements Act 1985.  This is available on line and it is definitely worth having a good read through.

Scottish law requires you to register the birth within 21 days. In Scotland, in most cases the intended father will be named on the birth certificate, as the surrogate's husband can make a simple declaration that he is not the child's genetic father.  This COULD technically happen in England, but only if it can be proved that the surrogate's husband did not consent to the treatment/inseminations.

Val


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## janesmith488 (Jun 15, 2009)

Val your an angel. Many thanks for your replies. Jane x


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## Val123 (Jan 24, 2009)

No worries - just glad I was able to help.

Are you an English IM with a Scottish surro - or vice versa?

DH and I are IPs in Scotland, with a Scottish surro and just got our BFP on Monday 27th July on our second cycle 

If you need any advice or would just like to chat, then feel free to contact me.  Also my friend Debbie runs an intimate private friendship forum for surros and IPs in the UK - membership is by introduction only, so if you and/or your surro would like to join, just say the word and I will arrange it.

Good luck in your journey.

Val x


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## euro (Jul 20, 2009)

Hi Val

I just wanted to say thank you so much for providing all the really useful information that you have both on Scottish law and on websites to chat with surrogates.  You have really done your research and its really kind of you to share this with us all.  Cogratulations as well on the BFP.  You really deserve it.

Euro xx


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## Val123 (Jan 24, 2009)

Thank you, but I have had so much support from the surrogacy community over the past 15 months, that I am happy to give back anything I can to help others in their quest.

Val x


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## janesmith488 (Jun 15, 2009)

Thanks Val and many congratulations I'm really happy for you on your BFP  

I'm an english IM but just dabbling to find out what the different laws are in the different countries.

It would be great if you could get me joined up to your friends forum, what sit called and could you private message me with the details

Once again many congrats and well done  

Jane
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## Val123 (Jan 24, 2009)

Hi Jane - I've PMed you.

Val x


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