Surrogacy and Parental Order Solicitors in Scotland
We provide expert advice on all aspects of surrogacy arrangements and the parental order process in Scotland.
- Specialists in Scottish family law and divorce
- Fixed-fee consultations from £250+VAT
- Book a consultation today and take the first step towards your future
Expert legal advice on surrogacy arrangements and parental orders under Scots law.
At Kee Solicitors, we provide specialist legal advice on surrogacy and parental orders in Scotland. Surrogacy raises important and complex legal questions about parenthood, and early legal advice is essential.
In Scotland, the surrogate is the legal mother of the child at birth, and if she has a spouse or civil partner, that person will be the legal second parent. The intended parents are not automatically the legal parents, regardless of any genetic connection to the child.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
What Does Our Surrogacy and Parental Orders Service Include?
At Kee Solicitors, we provide expert advice on all aspects of surrogacy arrangements and the parental order process in Scotland. Our team helps you understand your legal position at every stage, from agreeing the surrogacy arrangement to securing a parental order after your child is born.
The parental order process and how to become the legal parent of a child born through surrogacy.
To become the legal parents of a child born through surrogacy, the intended parents must apply to the court for a parental order. A parental order transfers legal parenthood from the surrogate to the intended parents and extinguishes the surrogate’s parental rights.
To be eligible for a parental order, at least one of the intended parents must be genetically related to the child, both parents must be over 18 and domiciled in Scotland, the surrogate must consent freely to the order, and the application must be made within six months of the child’s birth.
Whilst a surrogacy agreement cannot be enforced by a court in Scotland, having a well-drafted agreement in place helps to ensure that all parties have a clear understanding of the arrangement and their respective roles and responsibilities before the surrogacy begins.
Our Dedicated Team of Family Law Experts
Hear Directly From Kee Solicitor Experts
Frequently Asked Questions: Surrogacy and Parental Orders in Scotland
Common questions about surrogacy law and parental orders in Scotland.
Is surrogacy legal in Scotland?
Yes. Surrogacy is lawful in Scotland, but surrogacy agreements cannot be enforced as contracts. The surrogate is the legal mother at birth and the intended parents must obtain a parental order to become the legal parents.
What is a parental order?
A parental order is a court order that transfers legal parenthood from the surrogate to the intended parents. It is the primary legal mechanism for establishing parental rights following a surrogacy arrangement.
Can the surrogate change her mind?
Yes. Until the parental order is granted, the surrogate remains the legal mother. If the surrogate withdraws her consent, the intended parents cannot obtain a parental order without her agreement.
Can a single person or same-sex couple use a surrogate?
Yes. Single people and same-sex couples can pursue parenthood through surrogacy in Scotland. The eligibility criteria for a parental order apply equally regardless of relationship status or sexual orientation.
What is the time limit for applying for a parental order?
A parental order application must be made within six months of the child’s birth. It is important to take legal advice promptly following the birth to ensure this deadline is met.
- Enter your details
- Book a no-obligation callback at a time that suits you