# Help and advice required!!



## neon8 (Aug 14, 2006)

Hi All,

I am posting on behalf of my brother and his wife. They have found a surrogate mother and have chosen a clinic for IVF.
All parties have been seen by a counsellor and the ethics board have approved treatment on the basis of adequate legal documentation.

My brother is at a loss as to where to go/what to do next. He is under the impression that any legal paperwork is rendered useless as in the eyes of the law as the birth mother has absolute rights over the child anyway (should she decide to keep the baby). Can anyone shed some light on the matter?
The surrogate is a very old family friend and is well trusted. Do they have to involve a solicitor in order to carry out IVF with a clinic?

Also, are there any peeps out there in Wiltshire who have been through a similar experience who would be willing to impart some knowledge and experience to help them?

Thanks for taking some time to read this


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## Jo (Mar 22, 2002)

Hi 

Glad you brother and wife have got this far  

In this country no contract or agreement is legally binding. but I think it is important to draw up an agreement between all parties, clarifying your feelings on the difficult questions that could arise.

You need to get to know your surrogate very well, trust them 100% 

They don't have to involve a solicitor by law but it is advised to do so 

Hope this helps a little.

Good Luck to them !!

Love Jo
x x x


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## NatGamble (Mar 1, 2007)

Hiya

Basically, a legal contract is not enforceable if the surrogate changes her mind about handing over the baby so it is not legally binding, but it's still a good idea to have one. Apart from anything else, it enables everyone to talk through all the issues and be clear about what will happen, and I think this helps prevent problems arising. In the worst case scenario, if you did end up with a problem, it would also be useful as evidence of what was agreed and a court would take it into account.

Your brother and sister in law also probably need some general advice at this stage about parenthood after surrogacy, what goes on the birth certificate and how they go about applying for a parental order to get full parental rights after the birth.

In case you're new to the boards, I'm the resident solicitor here on FF so I help lots of clients with this kind of stuff. In surrogacy cases, the first step is normally just to sit down with me (in person or on the phone) to talk about how the law works and answer any questions.

The other important things to get sorted are:
- life insurance 
- wills (for both your brother and sister-in-law and the surrogate) to protect against the possibility of any of them dying unexpectedly.

Feel free to email me direct if your brother and sister-in-law would like my help. I also have various leaflets etc about the legal aspects of surrogacy that I'd be happy to send them. You might also want to check out our website at:

http://www.lesteraldridge.com/services/private/fertility/index.asp

Best wishes

Natalie
[email protected]


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## OD2 (Oct 1, 2007)

Hi Natalie,

Do you have any advice or a handy leaflet about how to phrase things in a surrogacy will?  We've agreed with our surrogate who will look after any baby if we die, and left money to her to ensure that she would be properly looked after through the pregnancy, but all the "if"s and "maybe"s and "in the event that"s are a bit confusing.  

Thanks for anything you have!

F


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## surroseeker (Jan 10, 2008)

ive sent you an email Natalie


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