More and more couples considering surrogacy are opting to do this overseas, where it can appear to be easier and cheaper, but the case of a British couple who recently ended up in the High Court to save their baby twins from life in a Ukrainian orphanage should give a warning of the dangers that can arise.
The couple had paid a Ukrainian woman more than twenty thousand pounds to act as a surrogate mother. However, the differing laws in the two countries meant that their twin babies were effectively left stateless and without parents. Under Ukrainian law, the surrogate had no responsibilities for the babies once they had been born, and the children had no right to residence in the Ukraine. However, under British law the surrogate and her husband were the children's legal parents, and this meant that the children had no right of residence in the UK either.
After a legal battle, the couple were awarded a parental order by the judge in the High Court and the children will become British citizens. However, the case illustrates the problems anyone who enters into a surrogacy agreement overseas can face, and why it is so essential to take legal advice before going ahead.
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