Sunday Mirror (Northern Ireland)
MUM’S REFUSAL TO GIVE UP BABIES
I couldn’t believe it.” Steve received a text from the surrogate.
“It said until the expenses issue was settled, she wouldn’t consent to parental rights. We were devastated.”
She registered the girls’ births and changed their names – including the middle names their dads had picked in tribute to their own mums.
Even though Steve was the biological father, under current law he and Marc had no legal rights to the children
FAMILY law barrister Natalia Levine explains the UK’s surrogacy laws:
Who has legal parental responsibility for a child born via a surrogate?
A would-be parent entering into an agreement with a surrogate mother has no parental responsibility or right to assume responsibility for a child until the Parental Order was signed. The couple hired a lawyer and scrabbled to secure £26,000 in loans from friends and family to pay fees.
CRYING
“We’d paid our life savings to our surrogate but I didn’t care if we lost our house or were bankrupt, I was determined our girls would come home with us,” Steve says.
The couple’s lawyer, Beverley Jones without a court order. The surrogate is treated as the child’s legal mother, whether genetically related or not. She cannot surrender parental responsibility without a court order. How do you transfer responsibility? There are two ways – a Parental Order or by adoption. of JMW Solicitors, secured an emergency family court hearing within days of the hospital drama in October.
The twins were made wards of court and a children’s guardian assigned. Both the couple and the surrogate were granted hospital visiting rights. Meanwhile, bewildered son Spencer,
What if money is involved?
A promise or understanding of payment will in particular be taken into consideration by a court in determining whether there is a surrogate arrangement.
What happens after the birth? Any dispute on arrangements for a
ORDEAL OVER Marc, Spencer and Steve with Autumn, left, and Aria then four, was suffering from what had happened.
“I picked him up from school one day and he saw I was upset,” says Marc. “He asked if our surrogate was trying to take his sisters away. It was heartbreaking.”
After a three-month legal battle which involved Steven having a DNA surrogate child are determined on the basis of the child’s welfare. The court can make a child arrangements order against the surrogate mother’s wishes in favour of commissioning parent/s. The court may also make orders to ensure commissioning parents can provide a child with a secure base.
test, the surrogate agreed parental consent at a High Court hearing in November. Now Autumn and Aria are at home for good.
Steve says: “Over the years, we’ve forged amazing links with the surrogate community. Without these typically selfless women, we wouldn’t have children. Most surrogates wouldn’t dream of behaving this way.
“I also feel sad our girls won’t have a relationship with their other genetic half as Spencer continues to have.”
Now Steve and Marc want better laws so others can avoid their plight.
Their solicitor Beverley Jones said: “These sorts of cases are very rare, but surrogacy agreements are not legally binding in the UK at the moment. Here, everyone is working on trust.” To support Steve’s campaign visit gofundme.com and search ‘Steve Winchester surrogate’.