WORDS_ LOUISA GHEVAERT

ADOPTION You can adopt in the UK whether you are gay, lesbian, heterosexual, single, married, unmarried or civil partners. Adoption law can be com- plex with different legal processes for each type of adoption, including:

Adoption of a looked after child in state care Intercounty adoption (adoption of a child from overseas) Adoption of a step-child (the child of a partner or spouse)

There are around 4,000 children in the UK each year who need to be adopted. Many of these children are of school age and have siblings who need to be placed together. Some of these children have complex or special needs. An adoption order reassigns legal parental rights from a birth parent to an adoptive parent, creating a new legal family for the child on a permanent basis. The child usually takes the surname of the adoptive parent and obtains the same legal rights as if he/she had been born to them, including inheritance rights. SURROGACY Surrogacy is becoming an increasingly popular family building option in the UK and internationally. There are two types of surrogacy. A host (or gestational) surrogacy arrangement is where a surrogate carries You can legally become a parent or care for a child the pregnancy and the child is conceived using the egg and sperm in the UK in a variety of different ways, including: of the intended parents (or using either the egg or sperm of a third party donor). This means the surrogate has no biological connection Becoming a foster carer with the child. A straight surrogacy arrangement is where a surrogate Adopting a child that is looked after by a local authority conceives a child using her own egg and the intended father’s sperm. Adopting a step-child (private adoption) The surrogate mother is therefore the biological mother of the child. Intercountry adoption Surrogacy is a restricted but legal practice in the UK. It is illegal Surrogacy to advertise for a surrogate mother or to advertise yourself as a pro- spective surrogate mother. Commercial surrogacy organisations are prohibited in the UK, although there are various not for profit surrogacy FOSTERING organisations which help put intended parents and surrogate mothers There are many different types of fostering in the UK. Foster carers in touch with each other (in the absence of a willing friend or relative). can provide emergency care for children for a few nights, short breaks Surrogacy law in the UK can be complex and it expects intended to give children with special needs a pre-planned short stay (and some parents to pay a surrogate mother no more than reasonable pregnancy respite for their usual carers) and remand fostering where a child is related expenses. “remanded” by the court in the care of a specially trained foster carer. Surrogacy arrangements are informal and surrogacy contracts are Foster carers can also offer long term and permanent care not binding in the UK as a matter of public policy. Surrogacy law in the for children that cannot return to their birth family but choose not to UK treats the surrogate mother as the legal mother of the child at birth be adopted, being typically older children that have regular contact and her spouse or civil partner as the child’s legal father or second with relatives. parent. Intended parents must therefore apply to court for a parental “Family and friends” or “kinship” fostering enables children looked order within six months of the child’s birth to reassign legal parental after by a local authority to be cared for by people they know, including rights to themselves and extinguish the legal status of the surrogate uncles, aunts, siblings or grandparents. parents on a permanent basis. Private fostering helps parents make arrangements with someone who is not a relative to care for a child for more than 27 days. Special rules have to be complied with and the local authority must be notified and visit to check the child’s welfare. USEFUL WEBSITES All foster carers are registered and contracted with a local authority, British Association of Adoption and Fostering – www.baaf.org.uk voluntary or independent agency. There are no upper age limits for Surrogacy UK – www.surrogacyuk.org fostering and a wide range of foster carers from different backgrounds Childlessness Overcome Through Surrogacy – www.surrogacy.org.uk are needed. Foster carers receive special training and assessment and undergo an annual review to check they are still suitable to continue fostering. They also receive an allowance to cover the costs of caring Louisa Ghevaert, UK fertility and parenting law expert at Porter for the child in their home. Dodson Solicitors and Advisors – www.porterdodson.co.uk

WWW.PINK-PARENTING.COM 53 JULY / AUGUST 2011 – ISSUE 01