Landmark Surrogacy Case Confirms Legal Rights of Surrogate Mothers
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Isabelle James
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Case: Z (Surrogacy: Step-Parent Adoption) [2024] EWFC 20
A recent High Court ruling has reinforced the legal position of surrogate mothers in the UK, confirming that their parental rights cannot be easily overridden – even in complex or contested surrogacy arrangements.
The case, Z (Surrogacy: Step-Parent Adoption), is the first of its kind in the UK and highlights the limits of surrogacy agreements, as well as the court’s overriding focus on the child’s best interests.
Background: What Happened in this Case?
The case centred on a child, referred to as Z, who was born in 2020 through a non-commercial surrogacy arrangement. The surrogate, “G”, used her own egg and carried the child for a same-sex couple, “X” and “Y”. One of the men was the biological father.
Initially, the parties agreed that G would have ongoing contact with the child. However, during the pregnancy, the relationship broke down. After Z was born and placed with the intended parents, they refused all contact between the surrogate and her biological son – despite previous assurances.
The couple later applied for a Step-Parent Adoption Order, which would have legally removed the surrogate’s parental status and made the non-biological father the child’s second legal parent.
The Intended Parents’ Argument
The intended parents argued that contact with the surrogate mother would be confusing for Z, as he was being raised in a “motherless” same-sex household. They claimed her presence could undermine their family structure and even labelled her contact as “homophobic” for implying something was missing from their family dynamic.
The Court’s Decision
The High Court refused to grant the Step-Parent Adoption Order. The judge ruled that:
- The surrogate mother remains a legal parent of the child.
- The intended parents could not erase the surrogate’s role, regardless of the family structure they wished to present.
- The child’s welfare required recognition of his full identity, including his mother.
Instead of adoption, the court made a Child Arrangements Order, setting out the following:
- The child would continue living with the intended parents.
- The non-biological father would be granted parental responsibility.
- The surrogate mother would have defined contact rights.
- A framework would be established to help all three adults make important decisions in the child’s life.
One expert witness described the parents’ approach as an attempt at the “erasure of mother”, which the court rejected as harmful and unrealistic.
Why This Case Matters for Surrogacy Law
This case is a clear reminder that:
- Surrogacy agreements in the UK are not legally binding.
- A surrogate mother remains the child’s legal parent at birth, even if she is not intended to raise the child.
- Courts will always prioritise the best interests of the child, not the wishes of the adults.
If a dispute arises, only a parental order – granted by the family court – can transfer legal parenthood to the intended parents. Until that happens, the surrogate has full legal rights and responsibilities.
Implications for Intended Parents and Surrogates
This ruling underscores the need for all parties to enter surrogacy arrangements with full legal awareness and mutual trust. While most arrangements proceed smoothly, disputes can and do arise.
- If you’re an intended parent, it’s essential to apply for a parental order as early as possible.
- If you’re a surrogate, you should understand your legal position, including your right to parental responsibility until a court says otherwise.
While solicitors cannot draft surrogacy agreements, they can provide specialist legal advice to ensure all parties are protected and understand the process ahead.
A Note on International Surrogacy
UK law recognises the surrogate as the legal parent even if the child is born abroad and the intended parents are listed on a foreign birth certificate. If the surrogate is married, her spouse may also be recognised as the second legal parent under UK law.
To change this, you must apply for a parental order in the UK. The process can involve additional issues such as citizenship, immigration, and travel documentation, which require expert legal support.
Legal Advice on Surrogacy Disputes
This landmark case highlights the legal and emotional complexities of surrogacy arrangements. Whether you are a surrogate or an intended parent, getting the right advice early on is crucial.
At Osbornes Law, our specialist surrogacy lawyers have extensive experience advising on surrogacy, parental orders, and international arrangements. We can help you prepare for every stage of the process.
Contact us
To speak with one of our family solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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