What does UK law mean for Nancy’s surrogacy in EastEnders?
Nancy’s EastEnders surrogacy story raises legal questions over Jess, Lee and who has rights to the baby after the birth.
EastEnders has put Nancy, Lee and Jess at the centre of a complicated surrogacy situation, with Nancy seeking legal advice because of fears over what could happen when the baby is born.
Nancy is carrying a baby conceived using Lee’s sperm and Jess’s egg. Although Nancy has no genetic connection to the child, UK law does not simply treat Lee and Jess as the legal parents from birth.
Under the law in England and Wales, the person who gives birth is the child’s legal mother at birth. That means Nancy would initially be the legal mother even though Jess provided the egg.
The position of the child’s second legal parent can depend on several factors, including whether the surrogate is married or in a civil partnership and how conception took place. Genetics alone therefore do not settle every question about legal parenthood.
Surrogacy agreements are also not legally enforceable in the UK. Legal parenthood would normally be transferred after the birth through a parental order, a court order specifically used in surrogacy cases.
Nancy’s consent to a parental order could not be given until at least six weeks after the baby is born. Applications are normally made within six months of birth.
That means the fears raised in EastEnders cannot be reduced to Jess simply being able to take the baby because she provided the egg. The exact legal position would depend on the circumstances surrounding the arrangement, which makes Nancy’s decision to seek proper legal advice entirely understandable.
EastEnders airs Monday to Thursday on BBC One and streams on BBC iPlayer. Images: BBC/Jack Barnes/Kieron McCarron
Legal information: GOV.UK guidance on surrogacy and parental orders in England and Wales.
