Tom Daley and Dustin Lance Black say they will raise son in the UK

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Media captionTom Daley’s husband says although it will be more difficult legally, the UK is home

Dustin Lance Black, the husband of British Olympic diver Tom Daley, has told BBC Radio 5 live they want to raise their child in the UK, despite the legal “challenges”.

The couple revealed in March that they are expecting a baby using a surrogate in the US.

Black said he and Daley felt they had no choice other than to go abroad due to the complex legal system in the UK.

Once their child is born in the US, they plan to bring him back to the UK.

Referring to Daley’s status in Britain, the Oscar-winning screenwriter and LGBTQ activist said: “If I ever wanted to be truly loathed by this nation, I would take Tom away from this nation.

“We would like to raise our son here and because of that we are going to face some real legal challenges.

“It would be a much easier path if we decided to raise our son in the US but this country is home for us.”

Todd Black


Tom Daley and Dustin Lance Black with ultrasound

He told 5 live’s Afternoon Edition about the differences between surrogacy in the US and the UK.

In some US states, couples using a surrogate can get a pre-birth order, which establishes them as the legal parents of their baby as soon as it’s born.

However in the UK, that’s not the case.

British law says the surrogate stays legally responsible for the child until parental rights are transferred through a parental order, which must be signed off by the surrogate and her partner no earlier than six weeks after the birth of the baby.

The Law Commission included surrogacy in one of 14 areas of law to be reviewed over the next three years.

Daley and Black got married in Devon last May.

‘We love our surrogate’

On 5 live, Black said there were a lot of misconceptions around surrogacy.

“The notion that people are being forced to do it for survival – this is NOT what surrogacy is.

“We love our surrogate…No human being is for rent… this is about relationships. She’ll be a part of our life for a very long time. She’s awesome.

“She wants to stay out of the limelight. Some of the criticism is that this is abusive to women. It’s ironic – is it just what’s convenient from the tabloids? Why isn’t it OK for her to not want to talk about it?”

Dustin Lance Black

Responding to a listener who said “I don’t think two blokes can bring up a child”, Black said: “There are all different kinds of families out there in the world.

“Children are raised by single parents all the time. Those children – I’d like to claim myself as one, I was raised by a single mother who raised me incredibly well.

“Will it be important that our son meets women in his life? Absolutely.”

Click here for the full 5 live interview with Dustin Lance Black.