The Risks of International Surrogacy: A Cautionary Message
Contact
Isabelle James
Table of Contents
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 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
Share this article
“Naomi Angell is the fount of all knowledge on adoption and surrogacy cases. She is a lawyer to whom judges defer.”
“Naomi is very knowledgeable on adoption and surrogacy. She is solution-focused and open to ideas.”
Contact us today
Call us 020 7485 8811
Email us Send us an email and we’ll get back to you
Osbornes offers a high level of client care and manages client expectations realistically.
They have a strong team, are heavyweights in this space and are very well respected in the courts.
Naomi is very knowledgeable on adoption and surrogacy. She is solution-focused and open to ideas.
Osbornes handle a significant amount of complex, high-value divorce work.
Osbornes have talented fee-earners at all levels.
Osbornes is a top-end firm, a very well-established name. They have high-value matters, deal with complex matters and have a good team.
I have found the team at Osbornes works very well together to diligently produce a quality end result. Client service has been excellent and I feel like I am in safe hands.
Osbornes is a power house of a family firm. They are robust but realistic and client focused.
Osbornes has lawyers with excellent experience.
Osbornes is a hugely impressive firm that offers strength and depth to its clients.
The family law team at Osbornes is one of the strongest in London.
The firm’s alternative parenting team is headed up by Naomi Angell, handling domestic and international adoption, surrogacy, and fertility issues.
Osbornes‘ family team is headed up by Mark Freedman, a mediator and fighter who will get the job done on both complex financial matters and international children cases.
A market leader across public law, international cases, financial and children work.
Naomi Angell has considerable strength in adoption, surrogacy and fertility issues
Naomi Angell is a renowned practitioner in the market with a wealth of experience in family cases involving immigration issues. She has a depth of knowledge in surrogacy issues and is respected for her experience handling adoption matters.
"She is responsive and very knowledgeable – she knows everything on the family law side of adoption and is also very generous with her time."
"Naomi is second to none in her knowledge of adoption and her work in surrogacy is also a strength."
"She has an encyclopaedic knowledge and an in-depth understanding of this work. She's extremely empathetic and can put herself in the client's shoes. She's also very strategic and is good at pre-empting litigation."
"Their family department is very strong, from adoption to child abduction and matrimonial finance, this is a very strong team."
"Naomi Angell is a stand out individual who is well regarded as to the go-to lawyer in her field. What Naomi doesn’t know about adoption is not worth knowing."
"She is the queen of inter-country adoption. She is experienced in the field over a long period of time. She has wonderful client skills and is committed to getting proper outcomes."
"She is an adoption superstar. She has an encyclopaedic knowledge of immigration law, and knows what's on the horizon due to her involvement in policy."
Naomi Angell – the doyenne of adoption and surrogacy family law, dedicated to her clients and hardworking.
The team has considerable strength in adoption, surrogacy and fertility matters through Naomi Angell.
"Highly recommended
Bridget and Amy-Jo were very supportive during what were very stressful proceedings. They were collaborative and I felt listened to and part of a team rather than just a client. We ended up being successful at the hearing.""She's extremely knowledgeable and highly professional."
"She is the guru when it comes to international adoption and she's an expert in her field."
Naomi Angell has a vast wealth of knowledge and experience.
"Naomi Angell is a highly esteemed practitioner who is highlighted as "a leader in the field" and "extremely knowledgeable" by interviewees. She is particularly recognised for her experience in complex adoption disputes."
Bridget Thompson is a public law specialist noted for her extensive practice in matters involving alternative families and adoption. An interviewee observes: "She's a fighter, she's clever, and she understands all aspects of a case."
"Naomi Angell is a leading name in international adoption."
"Recognised for its expertise in both domestic and international adoption, as well as assisted conception."
"Naomi Angell is a leading figure in domestic and inter-country adoptions, and also has expert knowledge of related fertility and surrogacy issues."
"Naomi Angell is phenomenal. She's done it for so long and knows so much that she's a fount of knowledge. If Naomi doesn't know something, it isn't worth knowing."
Naomi Angell is the doyenne of inter-country adoption and the font of all knowledge in this area.
Highly respected for her [Naomi Angell] focused on cross-border children work, including surrogacy matters.
Naomi Angell advises on international adoptions and complex surrogacy matters. She is commended for her broad, in-depth experience."
Naomi Angell is an expert in adoption issues.
Naomi Angell leads the market in cross-border children law matters. Sources confirm that she is "at the cutting edge of changing law and policy" when it comes to international adoption
Naomi Angell is described as hugely experienced, calm and a good listener.
Related InsightsVIEW ALL
23.1.2025Post-Adoption Contact With Birth Parent: Not If Adopters...
Post-Adoption Contact With Birth Parent It is not uncommon for a birth parent to seek direct contact with an adopted...
Read more- 23.1.2025
A High Bar For Challenging Adoption Orders
Challenging adoption orders Adoption orders bring considerable implications for all the parties and judges do not make such orders lightly....
Read more - 12.9.2024
Landmark Decision: A Surrogate Mother’s Rights Are...
In the world of surrogacy, legal rights and parental responsibilities can be a complicated issue. Non-profit surrogacy is legal in...
Read more - 17.11.2023
Public Law Working Group Interim Report on Adoption...
Time for change? A recent interim report has been published by the Public Law Working Group Adoption Sub-Group (‘the Group’)...
Read more 
7.3.2023What is legal parenthood and how is it...
This issue was in the news recently, when a married Oklahoma same-sex couple were in court over a dispute about...
Read more
31.8.2022What if my partner predeceases me before we...
A review of a recent case concerning consent during fertility treatment. When going through fertility treatment as a couple, it...
Read more
31.8.2022Declaration of parentage after mistake at register office
Recently in the news has been the outcome of the case of Osborne & Anor v Cambridgeshire County Council [2022] EWHC 1982 (...
Read more- 2.8.2022
New strategy to make fertility treatment more accessible
In July 2022, the Department of Health for England released its strategy aimed at improving Women’s Health. While women represent 51%...
Read more - 5.7.2022
Proposed Changes to Gamete Donor Anonymity Laws in...
The Human Fertilisation and Embryology Authority (HFEA) has proposed changes to the law surrounding gamete donor anonymity in the UK....
Read more - 18.11.2021
Legal considerations in the surrogacy process
What Are My Surrogacy Options at Home and Abroad? When you’re considering surrogacy as an intended parent, you may...
Read more - 20.10.2021
Birth parent fails to overturn adoption order
Most adoption applications go through smoothly and it is only in the minority of cases that birth parents seek to...
Read more - 21.9.2021
Changes in Fertility Law Benefit Families
Following campaigning by those working in the fertility sector and public consultation in 2020, the Government announced on 6th September 2021 that...
Read more - 25.3.2019
Russian Adoptions
Adopting a baby from Russia can give a chance of a family to a child who would otherwise spend their...
Read more - 25.3.2019
Unlicensed fertility treatment and paternity – new clarification in...
The issue in contention was whether it could be ruled that Mr H, the now ex-husband of the child in...
Read more - 26.2.2018
Thai Case Shines The Light on International Surrogacy
This week, a story reported by the Telegraph raises some interesting questions about international surrogacy. The reporting states that a 28...
Read more
