Surrogate Mothers Online Q & A: I am a GS surrogate expecting a baby for my cousin and his wife next April. We have been instucted by our local midwife to prepare all the finer details well in advance to prevent misunderstandings that may arise later. We are unsure as to which names will be put on the baby's birth certificate prior to the parental order being issued. (Donated eggs with my cousins sperm were used) Do you have any information regarding this matterI am a GS surrogate expecting a baby for my cousin and his wife next April. We have been instucted by our local midwife to prepare all the finer details well in advance to prevent misunderstandings that may arise later. We are unsure as to which names will be put on the baby's birth certificate prior to the parental order being issued. (Donated eggs with my cousins sperm were used) Do you have any information regarding this matter? - <A HREF="mailto:Debstev@compuserve.com">Deb</A> in North West England

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Surrogate Mothers Online Q & A

Q & A: Legal/Contract Issues - Surrogacy

Topics may include contracts, legal fees, establishing parental rights, etc.

30. I am a GS surrogate expecting a baby for my cousin and his wife next April. We have been instucted by our local midwife to prepare all the finer details well in advance to prevent misunderstandings that may arise later. We are unsure as to which names will be put on the baby's birth certificate prior to the parental order being issued. (Donated eggs with my cousins sperm were used) Do you have any information regarding this matterI am a GS surrogate expecting a baby for my cousin and his wife next April. We have been instucted by our local midwife to prepare all the finer details well in advance to prevent misunderstandings that may arise later. We are unsure as to which names will be put on the baby's birth certificate prior to the parental order being issued. (Donated eggs with my cousins sperm were used) Do you have any information regarding this matter? - Deb in North West England - Top

Deb,

I noticed that you are from England. Unfortunately I have no knowledge of the laws and procedures in England. Our surrogacy is taking place in Colorado where we are entering a petition to have our names (intended parents using donated eggs) placed on the birth certificate.

I got the following information from someone on our e-mail list. Hope it helps.

HUMAN FERTILISATION AND EMBRYOLOGY ACT 1990

Assisted reproduction techniques have required close definition of "mother", "father" and "parent". The 1990 Act provides a framework for these new status provisions. The basic principle of maternity is that the birth mother is the mother of the child, regardless of its genetic makeup. The rules in relation to paternity are more complex, but they may be summarised as follows:

The Child's father will be:

the surrogate's husband - if she is married

the surrogate's partner - if she is not married, unless the partner can show that he did not consent to the treatment

the intended father - if the surrogate does not have a partner and the treatment did not take place at a centre licensed by the HFEA (i.e.. self insemination).

The child will have no legal father if the treatment took place in a licensed centre and the surrogate does not have a partner.

PARENTAL ORDERS

Section 30 of the HFEA Act provides that if a woman gives a child she has conceived to a married couple under a surrogacy arrangement, a competent court may make a "parental order". The effect of the order is to make the intended parents the child's legal parents. The are a number of criteria which must be met before a parental order can be made.

The child must be GENETICALLY related to ONE OR BOTH of the intended parents;

The intended parents MUST BE MARRIED to each other and both be aged 18 or over;

The legal mother (SM) AND the legal father (her partner) must consent to the making of a parental order.

BIRTH REGISTRATION

A child born to a surrogate mother must be registered as her child, and if applicable, that of her partner or person treated as the father under the legislation. Where a parental order has been granted by a court, the Registrar General will make an entry in a separate Parental Order register. It is not possible to "abolish" the original record of birth and at the age of 18, a person who was the subject of a parental order may be supplied with information enabling him or her to obtain a certified copy of the original record of birth. This certificate will include the name of the surrogate mother. prior to being given access to the information the person is to be advised of counselling services available.

The gist of the above is as follows:

The child is registered in the father's surname. If the surrogate is not married, she goes down as the mother and the intended father as the father.

If the surrogate is married her husband's name should go on the certificate as the father, but the baby's surname can still be the couple's surname.

Hope this helps,
Linda P

Deb,

You can usually petition the court and have the birth certificate arrangements done around 7 months into the pregnancy. They'll put the mother's and father's name on it and you just bring the paper work with you to the delivery.

Jennifer S.
- Updated: January 31, 2000
Topics may include contracts, legal fees, establishing parental rights, etc.

30. I am a GS surrogate expecting a baby for my cousin and his wife next April. We have been instucted by our local midwife to prepare all the finer details well in advance to prevent misunderstandings that may arise later. We are unsure as to which names will be put on the baby's birth certificate prior to the parental order being issued. (Donated eggs with my cousins sperm were used) Do you have any information regarding this matterI am a GS surrogate expecting a baby for my cousin and his wife next April. We have been instucted by our local midwife to prepare all the finer details well in advance to prevent misunderstandings that may arise later. We are unsure as to which names will be put on the baby's birth certificate prior to the parental order being issued. (Donated eggs with my cousins sperm were used) Do you have any information regarding this matter? - Deb in North West England - Top: Deb,

I noticed that you are from England. Unfortunately I have no knowledge of the laws and procedures in England. Our surrogacy is taking place in Colorado where we are entering a petition to have our names (intended parents using donated eggs) placed on the birth certificate.

I got the following information from someone on our e-mail list. Hope it helps.

HUMAN FERTILISATION AND EMBRYOLOGY ACT 1990

Assisted reproduction techniques have required close definition of "mother", "father" and "parent". The 1990 Act provides a framework for these new status provisions. The basic principle of maternity is that the birth mother is the mother of the child, regardless of its genetic makeup. The rules in relation to paternity are more complex, but they may be summarised as follows:

The Child's father will be:

the surrogate's husband - if she is married

the surrogate's partner - if she is not married, unless the partner can show that he did not consent to the treatment

the intended father - if the surrogate does not have a partner and the treatment did not take place at a centre licensed by the HFEA (i.e.. self insemination).

The child will have no legal father if the treatment took place in a licensed centre and the surrogate does not have a partner.

PARENTAL ORDERS

Section 30 of the HFEA Act provides that if a woman gives a child she has conceived to a married couple under a surrogacy arrangement, a competent court may make a "parental order". The effect of the order is to make the intended parents the child's legal parents. The are a number of criteria which must be met before a parental order can be made.

The child must be GENETICALLY related to ONE OR BOTH of the intended parents;

The intended parents MUST BE MARRIED to each other and both be aged 18 or over;

The legal mother (SM) AND the legal father (her partner) must consent to the making of a parental order.

BIRTH REGISTRATION

A child born to a surrogate mother must be registered as her child, and if applicable, that of her partner or person treated as the father under the legislation. Where a parental order has been granted by a court, the Registrar General will make an entry in a separate Parental Order register. It is not possible to "abolish" the original record of birth and at the age of 18, a person who was the subject of a parental order may be supplied with information enabling him or her to obtain a certified copy of the original record of birth. This certificate will include the name of the surrogate mother. prior to being given access to the information the person is to be advised of counselling services available.

The gist of the above is as follows:

The child is registered in the father's surname. If the surrogate is not married, she goes down as the mother and the intended father as the father.

If the surrogate is married her husband's name should go on the certificate as the father, but the baby's surname can still be the couple's surname.

Hope this helps,
Linda P

Deb,

You can usually petition the court and have the birth certificate arrangements done around 7 months into the pregnancy. They'll put the mother's and father's name on it and you just bring the paper work with you to the delivery.

Jennifer S.
- Updated: January 31, 2000

Unless stated otherwise, all responses in the SMO Q&A are courtesy of one or more of the following hosts:

Sherry - Experienced gestational surrogate currently working on her 2nd surrogacy arrangement

Linda - New Mommy to twins born via gestational surrogacy and egg donation

Jennifer S. - Experienced AI surrogate

Lynn - New Mommy to a daughter born via traditional surrogacy

Tracie - 5 time egg donor (triplets, 2 sets of twins and 2 singletons) and 3 time surrogate (2-AI, 1-IVF).

Lisa - Experienced egg donor and previous gestational surrogate currently working on her 2nd surrogacy arrangement (Lisa was our former ED host, prior to July 1999.)
Disclaimer: Responses from SMO Q&A Hosts do not necessarily represent the opinions and ideas of SMO. Neither the Q&A hosts nor SMO guarantee the accuracy or completeness of any information contained in the responses given here. As such, neither SMO nor the Q&A hosts are responsible for any errors or omissions or for the results obtained from the use of such information. Neither SMO nor the Q&A hosts shall be liable or responsible to any person or entity for any loss or damage caused, or alleged to have been caused, directly or indirectly by the information or ideas contained, suggested, or referenced in these responses.

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