Surrogacy Solicitors Scotland – Parental Orders, Consent & Expenses

Bringing a child into your family through surrogacy is extraordinary.
The law is specialist and the details matter — parental orders, consent after 6 weeks, reasonable expenses, and for international journeys, passports and nationality.
Our accredited family lawyers act for intended parents and surrogates across Scotland, guiding you from planning to the final order and re-issued birth certificate with speed, care and clarity.

As surrogacy solicitors Scotland, we support you through every stage: eligibility checks, evidence and statements, valid consent, expense recording, court directions and the final hearing.

Why Choose Rooney Family Law – Surrogacy Solicitors Scotland

Surrogacy work is exacting and time-sensitive. You need a team that lives and breathes family law daily.

Surrogacy Solicitors Scotland — Legal Essentials

UK legislation frames Scottish surrogacy practice. In brief: commercial surrogacy is prohibited; only reasonable expenses are permitted.
Legal parenthood starts with the surrogate (and, if applicable, her spouse/civil partner). A parental order transfers legal parenthood to the intended parent(s) and leads to a re-issued birth certificate.

• Consent from the surrogate can only be given ≥ 6 weeks post-birth and must be free and informed.
• Couples (married/civil partners/living as partners) and single applicants can apply if the criteria are met.
• Courts focus on the child’s welfare as the paramount consideration.

Parental Orders with Surrogacy Solicitors Scotland — Criteria, Evidence & Timeline

You’ll usually need to demonstrate:

We draft the application and statements, liaise with the court and any appointed reporter/curator ad litem, collate medical/clinic evidence and prepare consent documents with sensitivity.
Our aim: a smooth, timely order with no surprises.

Consent & Reasonable Expenses

Consent: cannot be given until at least six weeks after birth, and must be free and informed. Where the surrogate has a spouse/civil partner, their position must also be addressed.
Working with surrogacy solicitors Scotland ensures consents are taken validly and respectfully while the court has the documents it needs.

Expenses: the UK allows reasonable expenses (e.g. travel, maternity clothing, medical costs, loss of earnings). We help you keep a transparent record and, where needed, seek court approval for the level of payments.

International Surrogacy — Passports & Nationality

If your child is born overseas, additional steps are common. You may need to evidence legal parentage at birth in the foreign jurisdiction, demonstrate a genetic link, and navigate British nationality, passports or entry clearance.
We coordinate early with immigration specialists so travel plans and documentation align with your parental order timetable once home in Scotland.
Our role as surrogacy solicitors Scotland is to synchronise immigration steps with the Scottish parental order so there are no gaps in care or documentation.

Surrogacy Agreements & Pre-Birth Planning

Although not legally enforceable in the UK, a written agreement is invaluable for expectations and clarity. We usually cover:

• Communication: frequency of updates, appointments, birth preferences.
• Expenses: what’s covered, how recorded and reimbursed.
• Decision-making: routine and emergency scenarios.
• Hospital handover & immediate care arrangements.

Our Process, Timescales & Fees

1. Initial consultation — map your route (domestic/international), spot risks, set timeline and evidence plan.
2. Planning & paperwork — domicile/ID checks, agreement drafting, expense framework, clinic/hospital liaison.
3. Birth & early weeks — ensure consent is taken validly and kindly; prepare application bundle.
4. Application — file statements/evidence; manage court directions and any reporter’s involvement.
5. Final hearing — order granted; birth certificate re-issued naming you as legal parent(s).

Fees: staged and transparent. Domestic parental orders can often be offered on a fixed-fee basis; international or complex evidence is usually hourly with precise estimates.
See Our Fees.

Surrogacy FAQs (Scotland)

Do we need a lawyer before birth?

Highly recommended. Early advice prevents consent/expense/document pitfalls and speeds the order afterwards.

Can a single person apply for a parental order?

Yes — if all criteria are met (age, domicile, child’s home, genetic link, consent and payment rules).

How long does a parental order take?

Often a few months from lodging to final hearing, depending on evidence and listing. We keep momentum throughout.

What if the surrogate changes her mind?

The court treats the child’s welfare as paramount and scrutinises consent and circumstances. Clear expectations, relationship-building and sensitive legal support reduce disputes.

Will the birth certificate change?

Yes. When the parental order is granted the Registrar issues a new certificate naming the intended parent(s).

Which expenses are “reasonable”?

Pregnancy-related costs such as travel, maternity clothing, medical costs and loss of earnings, recorded transparently and scrutinised by the court if needed.

Contact Rooney Family Law

Ready to start, or already home with your baby? We’ll give you a clear plan and manage the parental order with pace and care. Meetings by phone, video or in-person across Scotland.

Speak to an accredited surrogacy solicitor

Disclaimer: This page provides general information only and is not legal advice. Please contact us for advice tailored to your circumstances.