Deciding to adopt a child or have a child through a surrogate are common pathways for those looking to start a family, yet they can be complex legal processes. However, with the guidance of Lumine Solicitors’ skilled family legal team, we can assist you through any challenges smoothly, ensuring a seamless process for you and your new family.
Adoption
To adopt a child in the UK, an adoption order must be obtained, and specific requirements need to be met, including:
The child must be under the age of 18 when the adoption application is made and must never have been married.
The potential adopter must be at least 21 years old.
The adopter (and their partner, if applicable) must have resided in the UK for at least 1 year, unless 'domiciled' in the UK. Domicile requires at least one member of a couple to be domiciled in the UK.
While marriage is not a strict requirement for adopting as a couple, a stable and enduring relationship is essential. Single individuals can also adopt.
Additional immigration requirements apply for international adoption to ensure the child can enter and reside in the UK post-adoption.
Surrogacy
A parental order, which gives legal rights over the child, must be obtained when choosing to have a child through surrogacy. A parental order terminates the surrogate’s (and their spouse’s) legal parental rights and establishes your legal status as the parents of your child conceived through surrogacy. The surrogate and her partner continue to be the legal parents until the order is approved. Here are a few of the requirements needed to obtain a parental order when having a child through surrogacy:
The intended parent(s) must be over 18 when the order is made.
The child must be biologically related to at least one of the intended parents.
The intended parents must be domiciled in the UK to apply for a parental order.
Consent from the surrogate and her spouse/civil partner (if applicable) is required for the parental order.
The application for a parental order must be submitted within 6 months of the child's birth, although exceptional circumstances may be considered by the court.
How can Lumine Solicitors help?
Lumine Solicitors understand that this can seem like a complex process. Therefore, we ensure to openly discuss with you the steps required to fulfil adoption requirements or obtain a parental order. We will provide you with guidance at every turn, ensuring that you fully comprehend and are at peace with every step.
For all adoption and surrogacy matters please do not hesitate to contact us on 020 3950 2246 or Contact Us HERE
