Same Sex Parenting

Creating your family with love comes with additional obstacles for same-sex couples and individuals. The journey to parenthood often involves navigating complex surrogacy arrangements, donor conception, co-parenting relationships or adoption. Understanding the laws for each option is not always easy, and knowing where to start is often the first big challenge.

At Osbornes, we’re proud to have a team of specialist fertility law solicitors. We can give you the legal information you need to select the right assisted route to parenthood, and navigate the additional complexities that may affect parents from the LGBTQ+ community.

Why do same-sex families need a specialist solicitor?

The legal frameworks for surrogacy, adoption and assisted reproduction are the same for heterosexual couples, same-sex couples, and members of the LGBTQ+ community.

However, we recognise that same-sex parents sometimes have different family structures and parenting relationships that the law doesn’t always clearly recognise.

Under UK law, the person who gives birth is automatically the legal mother. If she is married or in a civil partnership, her husband or wife is legally considered the other parent as long as they consent. This setup can make things complicated for people using surrogacy, fertility treatments, or wishing to platonically parent with someone they aren’t in a relationship with.

Your family is unique, and we treat it as such with the utmost care and sensitivity. Our lawyers can assist with:

• Parental Orders, to transfer legal parenthood to the intended parents.
• Legal implications of using donated eggs, sperm or embryos.
• Drafting and advising on known donor agreements.
• Birth certificate corrections, to ensure official records match your family.
• Platonic co-parenting agreements, to help manage your rights and responsibilities.
• Adoption of children born as a result of fertility treatments or surrogacy, where it is not possible to obtain a Parental Order.
• Legal advice throughout your fertility journey, to guide you at every stage.

We are proud to be accredited by My Surrogacy Journey, one of the UK’s leading not-for-profit surrogacy organisations.

What parenting options are available for same-sex families?

There are various options available if you want to become a parent/parents:

Assisted reproduction

Assisted reproduction techniques such as In-Vitro Fertilisation (IVF) and Intrauterine insemination (IUI) are popular parenting choices for LGBTQ+ individuals and same-sex couples, and often the first choice for female same-sex couples where one partner wishes to carry the baby. Many couples begin with IUI because it’s simpler and usually costs less.

Some couples choose reciprocal IVF (or shared motherhood), where one partner provides the eggs and the other carries the pregnancy.

Whatever method you choose, it’s important to plan ahead legally. If conception happens in a UK‑licensed clinic and the right consent forms are signed, both partners should automatically secure legal parental rights. Informal arrangements can be more complicated, for example, home insemination may mean the donor keeps parental rights.

Our specialist fertility lawyers can advise on the safest pathways for your specific circumstances.

Donor conception and co-parenting

Family life has changed a lot over the years, and there’s no single way to make it work. This is especially true in same-sex families, where some parents raise their children alongside the donor who helped them conceive — sometimes as friends rather than romantic partners.

If you’re considering a known donor or co‑parenting arrangement, it’s wise to create a personalised written agreement. While it’s not legally binding, it can help you talk through important issues and record what everyone intended in case disagreements happen later.

It’s also important to understand how legal parenthood works. In the UK, a child can only have two legal parents. The person who gives birth is always the legal mother, and who the second legal parent is will depend on everyone’s circumstances at the time conception took place.

In some situations, you may need to go to a family court to confirm parenting arrangements or legal status, even if there’s no dispute.

We’re here to guide you through every step of this process so you can protect your family’s future with confidence.

Domestic surrogacy

In the UK, same‑sex couples can apply for a joint Parental Order if they are married, in a civil partnership, or in a committed relationship.

A Parental Order removes the surrogate’s legal status as the child’s parent and transfers full parental rights to the intended parents, giving them full legal recognition.

However, surrogacy laws date back to the 1980s and can create some challenges. For instance, at least one intended parent must be genetically related to the child to get a Parental Order. If this isn’t possible, adoption might be the only way to gain legal parenthood. The court must also be satisfied that the surrogate freely agrees to the order.

Our surrogacy law specialists can help you navigate the legal steps so you’re fully recognised as your child’s parents.

International surrogacy

Because commercial surrogacy isn’t allowed in the UK, many same-sex parents choose to work with surrogates abroad, often due to concerns that surrogacy arrangements in the UK are not legally binding. This can make it easier to find a surrogate, but it also means there are extra legal steps to complete before your family is fully recognised in the UK.

One key step is applying to the UK family court for a Parental Order. Until this is granted, UK law will see the woman who gave birth as the legal mother, no matter what the overseas birth certificate says. You may also need specialist immigration advice to secure British citizenship for your child and arrange a safe, well‑planned journey home.

We have extensive experience guiding clients through every stage so your international surrogacy journey is as smooth and stress‑free as possible.

Adoption

Since 2005, LGBTQ+ individuals and couples in the UK have had the legal right to adopt. Adoption offers a permanent way to grow your family, and can be especially important for those who aren’t able to secure parenthood through other means like Parental Orders.

If you’re considering adopting a child from overseas, careful planning is even more essential. While UK law welcomes same-sex adopters, some countries still have restrictions based on sexual orientation or gender identity, which may affect your options. The process also involves extra steps: UK courts may need to approve your adoption, and you’ll likely need specialist immigration advice to make sure your child can safely live in the UK with you.

We have longstanding experience supporting LGBTQ+ families through both domestic adoption and international adoption. We guide you through the process of securing UK legal recognition, so you can turn your hopes of parenthood into reality with confidence.

Talk to Osbornes about creating your family

Building a family as an LGBTQ+ individual or couple can involve complex legal and medical steps, but you don’t have to go through it alone. At Osbornes Law, we combine expert legal advice with a real understanding of the experiences same-sex families face. Our specialist family law team advises on a broad range of fertility and children issues including surrogacy, adoption, co-parenting and fertility law. We regularly work with LGBTQ+ families in relation to their family building plans.

We start by getting to know your circumstances, goals and any concerns you may have. From there, we give clear, straightforward advice and guide you through every stage of the process. Whether you’re just starting to explore your options or are already in treatment, our role is to protect your rights and help you take the right legal steps for your family.

Speak to an expert

To speak with one of our solicitors, contact us by:

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