COTS - Surrogacy in the UK

England & Wales

	Parental Responsibility Agreements give intended fathers equal rights over the child, whilst waiting for the Parental Order.
	If the surrogate is unmarried and the child is registered in the intended parents surname with the intended father's name on the birth certificate he automatically has equal rights (See Amendments of the Childrens Act 1989 below). For more information about registering a birth click here
	If the surrogate is married her husband has equal rights - COTS is looking into the implications of the new amendments but at present we are still informing intended father's to sign a Parental Responsibility Agreement with the surrogate.
	Amendments of The Children Act 1989 The Adoption and Children Act 2002 contained some amendments to The Children Act 1989. While the act became law in November 2002, the provisions of the act are being phased in gradually over two years, with full implementation planned for 2004.
	The most significant change for many unmarried fathers is regarding Parental Responsibility which came into force on 1 December 2003. From this date, a father may obtain Parental Responsibility if both parents register the birth together.
	The Statutory Instrument 2003 No. 3079 (C.117) is the official document from HMSO detailing the dates etc. the relevant wording follows:
	The Adoption and Children Act 2002 (Commencement No. 4) Order 2003 (Made 27 November 2003)
	Appointed days 2. (2) 1st December 2003 is the appointed day for the coming into force of the following provisions of the Act - (a) section 111 (parental responsibility of unmarried father); Margaret Hodge Minister of State, Department for Education and Skills.
Scotland
	The Adoption and Children Act 2002 only applies to England and Wales. In Scotland, an unmarried father can acquire parental responsibilities and rights only by marrying the mother, by completing and registering a parental responsibilities and parental rights agreement, or by seeking them through the court.
	The Scottish proposed in their White Paper 'Parents and Children' to give parental responsibilities and rights to unmarried fathers who in the future register the birth of their child jointly with the mother. They will issue a further short consultation this winter on our proposals for the reform of family law. Scottish Executive Justice Department Civil Law Division 2004
Northern Ireland
	At present we do not know the laws in Northern Ireland regarding Parental Responsibility Agreements.