Modern Families: Surrogacy & Fertility
Our team of specialist lawyers provide expert legal advice to help intended parents create and build their families through surrogacy with confidence, clarity and care. 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.
Understanding surrogacy and parental orders
Starting or growing your family through surrogacy is an incredible journey, but it comes with complex legal steps that need expert guidance. At Freeths, our specialist team provides tailored advice to ensure your surrogacy arrangements are legally secure and your parental rights are fully recognised.
We combine expertise in UK and international surrogacy law with compassionate support, guiding you from initial planning through to obtaining a parental order, so you can focus on what matters most: your family.
What you need to know about parental orders
A parental order is a court order that makes you the legally recognised parent of your child and permanently removes the legal rights of the surrogate and their spouse (if the surrogate is married). This step is essential because, under UK law, the surrogate remains the legal mother at birth, even if the child is genetically yours. If the surrogate is married or in a civil partnership, her spouse will also be a legal parent until the order is granted.
Key points to know:
- You must apply for a parental order within 6 weeks to 6 months of the child’s birth
- At least one intended parent must have a genetic link to the child
- The surrogate and any other legal parent must give free and unconditional consent, which cannot be given until six weeks after birth
- Payments beyond reasonable expenses must be authorised by the court
- For international surrogacy, you will still need a UK parental order, even if you are named on a foreign birth certificate
We offer a no-obligation initial consultation to understand your needs and assemble the best legal team for your case. You’ll find us approachable and supportive throughout the process.
Get in touch
Start with an initial no-obligation consultation and let us guide you through your options.
How our family solicitors can help
Applying for a parental order can feel daunting, especially when combined with the emotional and practical challenges of welcoming a new baby. Our expert surrogacy and parental order solicitors will guide you through every stage, including:
- Preparing and filing your application on time
- Gathering essential evidence, such as witness statements and consent documents
- Navigating complex issues like overseas arrangements, immigration, and expense authorisation
- Representing you in court and ensuring the process runs smoothly
We provide personalised, compassionate support so you can focus on your family while we handle the legal details.
Our approach
We understand that the surrogacy process and obtaining a parental order involve both legal complexity and emotional sensitivity. Our approach is built on expertise, transparency, and personalised care to give you complete confidence throughout the process. Here’s how we support you:
Tailored legal guidance
Bespoke advice for UK and international surrogacy, including agreements and parental orders.
Full court support
Handling all aspects of your application, from preparing documents to representing you in hearings.
Transparent pricing
Clear, upfront fees and estimates so you can plan with confidence.
Comprehensive care
End-to-end guidance for domestic and international cases, plus compassionate, personal service throughout your journey.
Key legal considerations
Why a parental order is essential in surrogacy
The effect of a parental order: A parental order confers legal parenthood and parental responsibility on the applicants (the commissioning parents). The effect of the order is conclusive; in surrogacy law, the child is for all purposes treated as the child of the applicants and not the child of the surrogate or her husband (if relevant). As the surrogate does not have parental responsibility or any legal relationship with the child, any future relationship or contact arrangements are solely at the discretion of the commissioning parents.
The main consequence of a parental order is that the child becomes a full child of the family on an irrevocable basis. As a result, there is no remaining relationship between the child and the surrogate mother and her husband (if relevant).
FAQs
A parental order is a court order which ensures you are the legally recognised parent of your child and permanently removes the legal rights of the surrogate and their spouse.
Yes, but international surrogacy involves additional legal and immigration considerations. Our team specialises in navigating these complexities.
A parental order will only be made in respect of a child who has been carried by a surrogate and has a genetic link to one of the applicants.
The application should be filed at court between 6 weeks and 6 months from birth.
Related expertise
Client testimonials
"They offer an excellent client service – with a strong team having knowledge of the law; how to effectively address the issues and good back-up an...
The Legal 500, 2024
“They are knowledgeable and fervently represent their clients but they are also approachable and conciliatory.”
Chambers & Partners 2024
"They are a very high quality yet approachable and accessible specialist family team, with a broad-ranging practice. They don’t just focus on net w...
The Legal 500, 2023
"Freeths is a really well-rounded team who works collaboratively and efficiently to achieve the very best for the clients."
The Legal 500, 2023
"Freeth LLP’s Family Team is distinguished by its client-focused and comprehensive approach to family law, offering a seamless blend of legal exper...
The Legal 500, 2026
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The Legal 500, 2026
"The team are friendly and approachable, capable technically, but above all communicate in an efficient and appropriate manner with clients."
Chambers & Partners, 2026
"The Family practice at Freeths shows great care and compassion to its clients, a feature particularly welcomed as going through a divorce is a dif...
The Legal 500, 2025
"From the minute I spoke to the team at Freeths I knew they were definitely the firm for me. Freeths explained everything to me, what the divorce p...
The Legal 500, 2025
"Freeths is an excellent firm; the team is pragmatic, sensible and outcome-orientated, and will work tirelessly to achieve the best possible outcom...
The Legal 500, 2025
"I really felt that there was a good balance between the business and the human side. Going through a separation myself, which is a tough moment, i...
The Legal 500, 2025
"The firm is excellent at providing legal advice balanced with an understanding of how families actually work."
Chambers & Partners, 2025
"What distinguishes Freeths is their analytical skill. Their speed and accuracy is so good and exceptional."
Chambers & Partners, 2025
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Chambers & Partners, 2025
"They understand complex client needs and are able to assist those clients through a challenging time. They are a brilliant team to work with and t...
Chambers & Partners, 2025
"Freeths' solicitors have an excellent grasp of the law. They are approachable, pragmatic and solution-focused."
Chambers High Net Worth 2025, Band 3
"Freeths' team members are a fantastic mix of approachable, down to earth and practical, while also being very 'in the detail' and up to speed with...
Chambers High Net Worth 2025, Band 3
"Freeths is a very good firm that goes above and beyond for its clients and supports them throughout and beyond the process."
Chambers High Net Worth 2025, Band 3
"They remained professional and effective throughout the case. Their professionalism and calmness helped us as clients to remain calm and focus on...
Chambers High Net Worth 2025, Band 3
"The team are friendly and approachable, capable technically, but above all communicate in an efficient and appropriate manner with clients."
Chambers High Net Worth 2025, Band 3
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Meet our team
Stephanie Kyriacou
Managing Associate
Gemma Nicholls-Webber
Managing Associate
Stephanie Clifton
Senior Associate
Alexandra Haworth
Senior Associate
Antonia Williamson
Senior Associate
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