Top surrogacy lawyer, Colin Rogerson, discusses International surrogacy for HNW individuals
International surrogacy is a complex and evolving area of law, particularly for high-net-worth individuals. Here are some typical questions on this topic answered by Colin Rogerson, a leading UK surrogacy lawyer who is Head of Fertility Law at Mills & Reeve.
What are the key legal issues for high-net-worth individuals considering international surrogacy?
It is crucial to understand the surrogacy laws in both the country where the surrogacy arrangement takes place and the UK. Legal parentage, citizenship and immigration issues are paramount. Even if a child’s birth certificate from another country lists the intended parents, UK law may not recognise them as legal parents without a parental order.
What are the financial implications of international surrogacy for affluent individuals?
The cost of international surrogacy can vary significantly depending on the destination. The USA is a popular choice but can be expensive, with costs ranging from £150,000 – £320,000 for UK parents. Emerging destinations like Colombia, Mexico and some African countries may offer more affordable options, but it is essential to consider the ethical implications and the legal stability of surrogacy laws in these countries in addition to the length of time it is likely to take to secure the necessary travel documents to be able to return home following the birth.
How can high-net-worth individuals ensure the ethical treatment of surrogates in international arrangements?
Intended parents should ensure transparency in the surrogate’s compensation and living conditions. It is also important to establish ongoing communication with the surrogate to ensure her well-being throughout the process. Working with reputable agencies and legal professionals can help mitigate risks and ensure ethical practices.
What are the potential risks and challenges associated with international surrogacy?
International surrogacy involves several risks, including legal uncertainties, changes in surrogacy laws and potential exploitation of surrogates. High-net-worth individuals should be aware of these risks and work with experienced professionals to navigate the complexities. Be aware of geopolitical factors which can impact surrogacy arrangements and require contingency planning.
How can high-net-worth individuals protect their privacy during the surrogacy process?
Privacy is a significant concern for affluent individuals undergoing surrogacy. Legal professionals can help ensure confidentiality through non-disclosure agreements and careful management of personal information. It is also advisable to work with agencies and clinics that prioritise client privacy and have robust data protection measures in place.
Colin is speaking at an International surrogacy webinar on the 12 February at 4pm.
For further details and to register: https://www.mills-reeve.com/events/international-surrogacy-webinar/
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