For Individuals & Families Adoption & Surrogacy

Whether you are in the early stages of considering adoption or surrogacy, or if you are further along in the process, we can advise you on the legal steps at each stage.

Adoption

An adoption order replaces the legal relationship between a birth parent and a child with an equivalent legal relationship between an adoptive parent and that child. Any decision about adoption is made in the best interests of the child or children. The process is, therefore, not taken lightly and can be complex and intensive.

Going through an adoption can be both an exciting and emotional time. Whatever your situation, our adoption lawyers can support you in realising your dream of growing your family. We can advise on all the legal aspects of adoption, whether it be liaising with local authorities, Children’s Reporters and the Court, ensuring the process is fully explained to you at each turn.

Surrogacy

Surrogacy – the process whereby a woman carries and gives birth to a baby for someone who cannot have a child of their own – is a notoriously complex area in terms of legalities, so it it is important to obtain legal advice throughout. When a child is born, the mother has immediate parental rights and responsibilities for the child. Even if a surrogacy contract has been signed, the mother’s consent after the child’s birth is still required.

Our surrogacy lawyers can support you through the process, including applying for a parental order and ensuring you meet the requirements needed, and representing you in court. Throughout the entire process, you should remain aware that no money or benefits other than “reasonable expenses” should be exchanged between parties, and that, in the UK, it is illegal to use an agency that profits from surrogacy.

Going abroad for surrogacy

If you choose to go abroad for a surrogate match, this can make things even more complex, although by no means unachievable with the right legal advice.

MacRoberts’ surrogacy lawyers can keep you right on the complexities involved when using a surrogate mother abroad and bringing the child back to the UK.

Related Services

  • Child Custody & Relocation

    Child residence (sometimes referred to as child custody) and contact (sometimes referred to as access) are often the most contentious issues a separated or divorcing couple must agree on.

    Child Custody & Relocation
  • Civil Partnerships

    Civil partnerships create a legal relationship between couples, similar to that of marriage and offering much of the same rights in terms of the law.

    Civil Partnerships
  • Cohabitation Agreements

    Contrary to popular belief, common law marriage does not exist in Scotland (although couples that move in together and don’t legally formalise their relationship through marriage or civil partnership are granted some rights if the relationship breaks down or one partner dies).

    Cohabitation Agreements
  • Pre-nuptial Agreements

    Although nobody enters into a marriage intending to get divorced, many couples understandably prefer to prepare for the possibility of a relationship breakdown, and prenuptial agreements are fast becoming a normal part of preparing for marriage.

    Prenuptial Agreements

Key Contacts

To provide you with immediate reassurance and to understand your current situation, our award-winning Family Law team offers a 15-minute consultation at no cost. Please contact us to make a an appointment with our specialist team.

Our Awards & Accreditations

  • Shortlisted for Firm of the Year at the Scottish Legal Awards 2022.

  • In 2016, we became one of the first law firms in Scotland to become Living Wage accredited employers.

  • Winners of Corporate & Commercial Team of the Year and Family Law Team of the Year at the Scottish Legal Awards 2020.

  • Our Real Estate team won the Property Team of the Year Award at the British Legal Awards in 2018.

  • Winner of SME of the Year at the Scottish SME Awards 2017, hosted by Scottish Business Insider.

  • Highly Commended for Commercial Team of the Year at the British Legal Awards 2016.

  • We are a proud member of the Legal Sustainability Alliance, a network of law firms committed to working collaboratively to reduce our environmental impact

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  • MacRoberts supports the Scottish Business Pledge, a values-led partnership between Government and business that is based on boosting productivity and competitiveness through fairness, equality and sustainable employment.

  • We are supporters of the Partnership for Change, a network of organisations and individuals who share a common ambition to improve diversity on boards and in senior leadership.

  • MacRoberts is a Disability Confident employer, and are committed to disability equality across our firm.

  • MacRoberts fully supports flexible working practices and supports family-friendly working practices.

  • MacRoberts is a member of The Glass Network, Scotland's organisation for LGBT+ allied legal professionals.
  • In 2022, MacRoberts received a Bronze Award in Stonewall's Workplace Equality Index for our commitment to LGBTQI+ inclusivity in the workplace.

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