Pre-conception Agreements
A Pre-conception Agreement is a written agreement entered into before a child is conceived, which sets out the roles and responsibilities of each of the child’s biological and intended parents.
The discussions you will have when preparing the agreement help to ensure that you are all on the same page before you begin this exciting journey together.
Do we need one?
We would always recommend that you prepare a formal Pre-conception Agreement as the process itself will help you to reflect on your hopes and expectations, whilst encouraging you to address the more delicate issues that are otherwise easy to avoid.
If you set everything out in writing it will be easy to refer to in the future, which can help you to avoid disputes. Whereas people’s understanding or interpretation of verbal agreements may be different and can often change over time, which can lead to disputes.
Another advantage of a Pre-Conception Agreement is that you will all be equal at the time of drafting, which is more likely to result in an arrangement that is a fair reflection of everyone’s wishes.
What should it cover?
There are no set rules for what an agreement should contain, but it should reflect your vision of how the arrangement will work.
Topics that you may want to address include:
- your practical plans for conception
- the birth including who will be present
- who will have parental responsibility?
- how will you agree on a name? What surname will the child have?
- parenting roles such as who the child will live with and spend time with
- who will have financial responsibility?
- what will happen if parents separate or enter new relationships?
- who will be appointed as guardians?
Who should be included in the agreement?
To ensure all emotional as well as practical concerns about how the arrangement will work can be addressed, it is advisable for the biological parents as well as their respective partners (if appropriate) to be involved in preparing the agreement.
Are they legally binding?
Pre-conception Agreements are not legally binding, which means that if there is a dispute the Court is not bound to enforce them, but they will be considered as evidence. They also provide a starting point for discussions, mediation or negotiation through solicitors, which may enable you to resolve any disputes without involving the Court.
Legal Advice
If you are planning to start a family with a donor or become a co-parent and would like legal advice, please contact Louise Allard or Sabrina Bailey on 020 7993 2936.
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Recognition for our Family Law Specialists in Legal 500 2023
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The United Kingdom’s 2023 edition has been launched and we are delighted to have moved up the rankings in Family Law.
This independent endorsement is a reflection of the expertise of our family solicitors and the consistent results they deliver for clients with complex family law issues; as well as our deep rooted commitment to client service.
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A new reform has come into force that allows single parents in the UK to make an application for a Parental Order, which identifies them as the legal parent of their surrogate-born child.
This right was previously granted only to couples.
This is important because under UK law the surrogate mother (and her spouse or civil partner if she has one) automatically becomes the child’s legal parent(s), even if there is no biological connection between them.
The Parental Order extinguishes these automatic parental rights and transfers them to the child’s intended parent(s).
“Alternative” Families: Adoption and Surrogacy
There is no doubt that surrogacy arrangements are on the rise and less and less the “alternative” with new government guidance issued earlier this year. The latest CAFCASS figures also show applications to court for parental orders up from 44 to 220 from 2005-2015.
Added to the statistics are increasingly reported celebrity surrogacy success stories, from Robbie Williams and Ayda Field, to Kim Kardashian and Kanye West, and Tom Daley and Dustin Lance Black. Successful IVF rates also seem to climb, along with increased media coverage of pregnancy after age 45, with celebrities such as Rachel Weisz and Daniel Craig at the forefront. However, for some adoption is still the right route to create their family and secure the legal rights and welfare of the child and should not be overlooked.
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