Surrogacy Law

Our team of surrogacy lawyers provide expert legal advice to help intended parents create and build their family through surrogacy. We offer a personalised service supporting families every step of the way. We specialise in both international and UK surrogacy law, from creating agreements to obtaining parental orders.

We can help you navigate the legal issues surrounding surrogacy, provide advice on the practical arrangements too as well as untangling the complexities of finances, expense payments and immigration issues.

What is involved in the surrogacy process?

It is crucial to realise that, as the child’s birth mother, the surrogate remains the legal parent until the intended parents obtain a court order, known as a parental order.

If the surrogate is married or in a civil partnership, then in most circumstances her spouse or civil partner will be the child’s second legal parent until the parental order is in place.

Surrogacy law and parental orders

The parental order gives legal parenthood and parental responsibility to the intended parents, and permanently ends the legal parenthood of the surrogate and her spouse or civil partner. The intended parents have to make their application for a parental order within six months of the child’s birth – it is essential not to miss this deadline. They also have to meet a number of other, quite strict requirements relating to things like the consent of the surrogate, being domiciled in the UK and being biologically related to the child.

Surrogacy arrangements abroad

Because it is illegal to pay a surrogate in the UK, many couples enter into surrogacy arrangements abroad, in countries where commercial surrogacy is allowed. This can have complex implications for the child’s nationality and immigration status.

Entering into a formal surrogacy agreement

Often, the intended parents will enter into a formal surrogacy agreement with the surrogate. However, these are not binding or enforceable in the UK. The courts will usually be sympathetic to parents who argue that a surrogacy agreement should be upheld, but they can ignore it if they think it is in the best interests of the child to do so.

If the application is made by two people they must be over 18 and either be married, in a civil partnership or in an enduring family relationship. At the time of the application and the making of the order the child’s home must be with the applicant or applicants and either or both of them must be domiciled in the United Kingdom.

From 3 January 2019 an application can also be made by one person (a single parent). For a short period of time (until 3 June 2019) this change in legislation will apply retrospectively and applications can be made in respect of a child born before January 2019 (i.e. the timing provision set out below will not apply). Otherwise, the same provisions which apply to two applicants apply in cases where there is one applicant. More information on parental orders >