Surrogates are having to leave hospitals and hand over newborn babies to their intended parents in car parks, according to campaign groups. This is because hospitals fear being dragged into subsequent legal disputes if the hand over takes place on NHS premises. 

Under current law, the surrogate mother remains responsible for the baby until the intended parents have a court order in place giving them parental responsibility in law. This can take until months after the birth. It seems that hospitals are reluctant to become involved in the handover of a baby to parents who do not yet have legal responsibility for it.

This is a complex area of law, and it appears that some reform may now be on the horizon. If you need any advice, please do contact us.