The Legal Landscape of Surrogacy in NI

Surrogacy is no longer a legal grey area in Northern Ireland. It is becoming an increasingly popular route to parenthood, which is changing the lives of local families. Surrogacy is now becoming part of Northern Ireland’s modern family story, offering new possibilities for couples and individuals wishing to start a family.

At Millar McCall Wylie we are proud to be part of that and can provide support, guidance, and legal expertise, to help you explore and secure this route to parenthood with confidence and care.

Understanding Surrogacy

In Northern Ireland, intended parents can pursue surrogacy through two main avenues, one being that the surrogate provides her own eggs, making her the genetic mother. The second involves the creation of an embryo using the eggs of the intended parent. The surrogate has no genetic link. Regardless of how it starts, we will ensure we guide you through the process, in line with legislation.

If you are considering surrogacy, there are several non-profit organisations that offer invaluable help and guidance, including:

• Surrogacy UK (SUK)
• Brilliant Beginnings
• Childlessness Overcome Through Surrogacy (COTS)
• My Surrogacy Journey

Who are the Legal Parents?

Perhaps the most surprising aspect of surrogacy in Northern Ireland is that even after birth, the intended parents are not automatically recognised as the child’s legal parents. Even if they are the biological parents, the law initially grants parental responsibility to the Surrogate and their spouse or partner, if they have one. This legal default position remains in place for at least six weeks after the birth. During this time, the Surrogate’s consent is required for key decisions about the baby, including medical care. In the rare case of a dispute, the courts must intervene to decide what is in the child’s best interests.

Parental Orders: A Complex but Crucial Step

To transfer legal parenthood to the intended parents, a Parental Order must be granted under the Human Fertilisation and Embryology Act 2008. This crucial step is what ultimately recognises the intended parents as the child’s legal parents.

Who Can Apply for a Parental Order?

To be eligible you must;

• Be married, in a civil partnership, or in an enduring relationship
• Since 2019, single applicants have also been welcomed
• Both be over 18 years old
• Be domiciled in the UK
• Child must be genetically linked to the Intended Parent

As part of the process, the court appoints a Court Children’s Guardian to act as the independent voice for the child, investigating, reporting, and ensuring that the arrangement serves the child’s welfare. Only when the court is satisfied that the surrogacy is in the best interests of the child, will a Parental Order be granted. This process can take between six weeks to six months, but it is a vital safeguard. Once granted, a new birth certificate is issued, naming the intended parents as the child’s legal parents., the final step in a long and emotional journey.

Surrogacy is not without its legal complexities. From the emotional realities of surrogacy to the formalities of the courtroom, it can be a challenging journey to navigate.

We understand how personal this process is and are here to make sure you are supported, informed, and empowered every step of the way.

To learn more about how we can help, contact Tara Murphy – tara.murphy@mmwlegal.com