Surrogacy is where a woman carries a baby for someone else, known as the intended parents, with the plan to hand the child over after birth. There are different types of surrogacy arrangement, and the legal position depends on which route you take.

Yes, surrogacy is legal in the UK, provided it isn’t done commercially or for profit. UK law allows intended parents to cover the surrogate’s reasonable expenses, and it’s worth understanding exactly what counts as reasonable before entering into an arrangement.

A Parental Order is a Family Court order that makes you your child’s legal parent and ends the legal rights of the surrogate (and any other legally recognised parent). To qualify, you’ll need to meet a number of conditions, including:

• Applying within six months of the child’s birth
• The surrogate’s consent, given with a clear understanding that she’s giving up parental rights
• No payment beyond the surrogate’s reasonable expenses (though the court can approve additional payments retrospectively)
• A genetic connection between the child and at least one applicant
• The child living with you at the time of the application and the order
• At least one applicant being domiciled in the UK

We can prepare your application, advise on the consent process, and represent you at any court hearings.

Surrogacy law varies significantly by country, and some countries allow commercial surrogacy where the UK doesn’t. If you’re considering an overseas arrangement, it’s worth taking advice before you commit, since your child may not automatically be a British citizen at birth, and you may face immigration or entry clearance questions when bringing them home. Our international family law team works alongside overseas specialists to help make the process as smooth as possible.