There are various ways to become a mother in Scotland: biological parenthood, adoption, fostering, surrogacy, or step-parenting. Different processes, laws and rights apply to each of these methods. Here is a guide to each of them. We are here to assist if you require legal advice, and you can book an appointment for a free of charge initial consultation.
1. Biological Parenthood
If you give birth to a child, you are the child’s mother and you have full parental rights and responsibilities in respect of your child, which can only be removed by order of the court.
2. Adoption
If the court has granted an order for you to adopt a child, you have full parental rights and parental responsibilities in respect to the child, and you will be legally considered to be the child’s parent. The adoption process is managed by local authorities or accredited adoption agencies who you should contact if you are considering adopting. Once approved for adoption you require to apply to the court for an adoption order to be granted.
3. Foster Parenting
Foster parents have temporary care for children who are unable to live with their biological parents. Fostering is facilitated by local councils and fostering agencies, and you can contact them to make enquiries about becoming a foster carer. Foster parents do not have parental rights and responsibilities for the children they foster.
4. Surrogacy
Surrogacy involves another woman (“the surrogate”) carrying and giving birth to a child for another person who intends to be the child’s parent (“the intended parent”). The woman who gives birth to the child is legally considered as the child’s mother, and the intended parent will be required to apply to the court to obtain parental rights and parental responsibilities in respect of the child. There are two types of surrogacy, “straight” surrogacy (for an intended father, where the surrogate’s egg is impregnated by the intended father’s sperm by “artificial insemination”), and “host” or “gestational” surrogacy (where an impregnated egg is inserted into the surrogate’s body). Surrogacy arrangements are legal in Scotland, however, arrangements to pay the surrogate anything other than “reasonable expenses” are not.
5. Step-Parenting (Blended Families)
If you marry or cohabit with someone who has a child, you might assume the role of “step-mother”, however, you are not legally considered as the child’s parent and would need to apply to the court for an order to give you parental rights and parental responsibilities in respect of the child.
It is important to obtain legal advice on your options – we can assist. Contact our family law team for a free initial consultation at 0141 433 2626.
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