A mother, aged 47, lost her husband seven years ago. Then she remarried; her new husband wanted to have a child, but nothing was working in the normal course of things. In Vitro Fertilization wasn’t possible because the mother was “too old.”
What to do? Oh, what to do?
Well, here’s their idea: the mother’s 30-year old daughter agreed to have a baby with her step-father.
Voila! Problem resolved.
Now, if you think that is a bit weird, here’s a summary of the official surrogacy laws in England and Wales:
When a child is born, its mother is considered as the woman who carried the infant through pregnancy.
If this woman is married, her husband is considered the legal father, which means that the intended father has no automatic claim to legal parenthood. If the woman is unmarried, it is possible (but not certain) for the genetic father to be considered a legal parent.
The surrogate (woman) is responsible for registering the birth of the child, so her name and that of the legal father will go on the birth certificate.
A “parental order” made possible by the 2008 Human Fertilization and Embryology Act, can then transfer full parental status to the intended parents.
The foregoing cannot happen until the child is six-weeks old, but must do before the child is six-months old, and strict conditions must be met. One condition is that no money must be paid by the would-be parents to the natural mother or to an agency, except for legitimate expenses.
Applicants for the parental order must be husband and wife, a married same-sex couple, civil partners, or in a long-term relationship. Note: Presumably, they must also be human species, but this has not been emphatically stated.