Fortunately, disputes between the intended parents and surrogates are rare. However, this does not stop those considering entering into a Surrogacy Agreement worrying about what will happen if the surrogate does not hand over the child following the birth, or, what will happen if the intended parents do not assume responsibility for their child.
There have only been two cases of this nature reported in the UK Courts (in which the surrogate mother has not handed over the child following the birth).
In resolving a dispute, the Court’s paramount consideration will be the child’s welfare and what the Court considers to be in the child’s best interests. Ultimately, each case will depend on the individual circumstances.
Should a dispute arise, our team of specialists can assist. We understand that this will be a very stressful and emotional time for you and your family and are dedicated to providing a sensitive and supportive service.