The Risks of International Surrogacy: A Cautionary Message

Isabelle James

The risks of international surrogacy and the importance of getting legal advice

At Osbornes Law, the family solicitors are specialists in international and domestic surrogacy law and adoption.

The team wants to highlight the importance of getting expert legal advice when it comes to international arrangements,  as a recent Judgment [Re Z (Unlawful Foreign Surrogacy: Adoption) [2025] EWHC 339 (Fam)], is raising concerns over intended parents who may be, knowingly or unknowingly, entering into unlawful, commercial, foreign surrogacy arrangements.

What’s the background?

The applicants in this case were an unmarried same-sex couple in the UK, who had pursued an international surrogacy arrangement.

Due to their ages, they had been unable to undergo fertility treatment to create embryos or carry a pregnancy. After research on how to grow their family, they had decided against adoption and to proceed with surrogacy overseas. They connected with a surrogacy clinic, believing this to be based in Southern Cyprus, and were able to have two children born by surrogacy on the same date to two different Ukrainian surrogates matched through their clinic.

The clinic charged significant fees, with the couple paying in the region of £120,000 for the surrogacy arrangements.

It was only when these pregnancies were advanced that the couple came to understand their surrogacy clinic was, in fact, operating in the Turkish Republic of Northern Cyprus where surrogacy is unlawful and the placement of children with same-sex couples is prohibited.

As a result of this, their two children were born stateless: ineligible for citizenship of Northern Cyprus, Ukraine and the British Isles. They were unable to return home to the UK as a family for 4-years after the children were born and even then, without the children being granted passports.

Adoption

On their arrival back to the UK, the couple made their applications for adoption orders for both children. Usually, following surrogacy, intended parents apply for Parental Orders, which have the transformative effect of extinguishing a surrogate’s legal parenthood and parental responsibility and transferring this to the intended parent/s.

Under the Human Fertilisation and Embryology Act 2008 (one of the main pieces of legislation applying to surrogacy cases) it is only possible to apply for a Parental Order if at least one of the applicants has a genetic connection to the child/ren. The couple in this case had created embryos with donor eggs and donor sperm and so this was not an option. Adoption was the only available lifelong order they could apply for.

This was a complex case with the children joined as parties, together with representatives for the family’s Local Authority and the Secretary of State for the Home Department. The Secretary of State was joined due to the children’s immigration statuses and the fact that, if adoption orders were made, this would entitle them to automatic British Nationality. The surrogates, whilst being parties to the proceedings, could not be found and so the Court had to grapple with the need to dispense with their consent to adoption orders being made.

Concerns were further raised by the professional parties in the case and expressly by the Judge, the President of the Family Division, over the exploitation of the surrogates and intended parents for the commercial gain of the surrogacy clinic.

The Judge warned that, if similar cases reach the Court in future, it is possible adoption orders would not be made, on public policy grounds.

He did finally make the adoption orders in which it was absolutely clear that the children were happy and stimulated, well cared for and meeting their milestones; and well embedded with the couple and the wider community. Nevertheless, the Judge expressed concern over the couple’s forethought and planning. He noted one applicant would be in her 80s and the other her mid-70s when the children are in their early teens.

What does this mean?

Although in this case adoption orders were issued, to use the stark words of the judge: “Put bluntly, anyone seeking to achieve the introduction of a child into their family by following in the footsteps of these applicants should think again.” This was considering their ages and their lack of due diligence in researching and selecting a surrogacy clinic, as well as factoring in the sums paid.

Intended parents of any age who are considering surrogacy, particularly from an international jurisdiction where the arrangement will be a commercial one, should see this as a cautionary tale. Whilst the Court exercised its discretion on this occasion, the cautionary words from the Judge make it clear that there is no guarantee of orders being made in such future cases.

How can we help?

Given the complexities and potential legal pitfalls of international surrogacy, it is essential to seek expert legal advice. Osbornes Law’s specialized knowledge in both international and domestic surrogacy law ensures that intended parents are fully informed and protected throughout the process. By consulting with Osbornes Law, you can navigate the intricate legal landscape with confidence, safeguarding your family’s future and avoiding the severe consequences of unlawful surrogacy arrangements.

Contact us

If you’re considering foreign surrogacy and subsequent adoption of a child born as a result of it, it is vital to seek expert legal advice before taking any further steps. Contact our Adoption, Fertility and Surrogacy Unit by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811