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England, Wales and
Northern Ireland
- the
law requires a birth to be registered within 6 weeks. If
the surrogate mother is married she and her husband will be named on the original
birth certificate as the parents. If the surrogate’s husband is willing
to write a letter stating he did not give permission for
the arrangement the intended father can be named as the father. If she
is unmarried and the intended father is present at the registering of the
birth he can be named as the father.
In both cases the baby
can be given the intended parent’s surname. |
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Scotland
- law requires you to register the birth within
3 weeks. If the surrogate is married her
husband should write a letter stating that he is not the
child’s father, this is then witnessed by a Justice of
the Peace. This letter is presented when registering the
baby’s birth; if the intended father is present he will
then be named as the father on the birth certificate. If
the surrogate is unmarried the intended father, if
present, will be named as the baby’s father.
In both cases the baby can be given the intended
parent’s surname. |
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COTS advice is to inform the
registrar regarding the birth and let them guide you. If you believe they
are giving wrong advice, do not register the birth and seek legal advice. |

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