If you're the surrogate's partner

If your spouse or partner agrees to become a surrogate for someone else, it’s important to understand your role in the process.

Legal advice for surrogates

You should get independent legal advice if your partner is planning to become a surrogate. A solicitor can help you through each stage of the process and make sure your rights are protected.

You should not use the same solicitor or law firm that the child’s intended parents use.

Find a solicitor on the Law Society of Scotland.

Attend counselling

You might be offered regular counselling sessions throughout the surrogacy process.

The British Infertility Counselling Association (BICA) provides counselling if your partner is having a child for someone else.

You do not need to pay for this if your partner’s IVF with surrogacy treatment is provided by the NHS.

Find a counsellor with the BICA.

Your legal responsibilities and rights

The surrogate will be the child’s legal parent at birth.

You’ll also be the child’s legal parent at birth if you’re:

• married or in a civil partnership with the surrogate
• not married or in a civil partnership but give consent to be the legal parent at birth

There is not always a second legal parent – it may just be the surrogate.

Giving up your parental responsibilities and rights

The child’s intended parents will need to ask a court to make a parental order so they can become the child’s legal parents. They need to apply for the parental order within 6 months of the child being born.

If you’re one of the child’s legal parents, you’ll need to agree to the order for it to be accepted. You can only do this 6 weeks after the child’s birth.

Your solicitor can help you through the process of giving up your parental responsibilities and rights.