Surrogacy Solicitors
Expert Surrogacy Lawyers
If you have decided to expand your family via surrogacy you will need to talk to a lawyer who specialises in surrogacy law. At Osbornes Law we are experts in domestic and international surrogacy arrangements. Our advice to intended parents includes how to obtain legal rights to the child.
“The family law team at Osbornes is one of the strongest in London; across all areas of work from international cases, financial and children work, Osbornes is a market leader.”
“Naomi is very knowledgeable on adoption and surrogacy. She is solution-focused and open to ideas.”
Leading domestic and international surrogacy lawyers
Welcoming a child through surrogacy is a joyful step, but the process can be complicated. Parental rights automatically belong to the surrogate as the child’s legal mother, and the way to extinguish those rights is to secure a Parental Order.
In the case of international surrogacy, immigration and citizenship issues add further complexity. You will need to ensure that your child has the right to enter and remain in the country, and have arrangements in place to ensure that your surrogate’s family has no legal rights over the child.
If you are considering surrogacy within the UK or overseas, it’s very important to plan ahead. We can help you understand the laws and processes involved so you can protect your family from the start.
How our surrogacy lawyers can help
Our family law team provides practical and compassionate support at every stage of the surrogacy journey, including:
- Expert advice on surrogacy law – Advice on the different legal pathways to gain parental rights for a child born through surrogacy.
- Representation in Parental Order and adoption proceedings – Securing legal parenthood for the child and updating their birth certificate, including for intended parents, surrogates, and the child’s guardians.
- Immigration – Working with specialist immigration lawyers to bring the child home and secure British citizenship.
- Coordination with your chosen surrogacy organisation – We work closely with your agency to deliver comprehensive, joined-up support.
We also offer specialist assistance for local authorities, foreign lawyers, surrogacy agencies and international clients regarding complex issues like domicile and cross-border arrangements. Our surrogacy experts are happy to speak with you for a confidential chat.
Surrogacy law in the UK
Surrogacy is legal in England & Wales, but only in limited ways:
- You can make arrangements with a surrogate mother, but only on an “altruistic” basis. This means you can pay her reasonable expenses such as doctor’s bills, travel for appointments, maternity clothes and any lost earnings due to time off work, but not any fee or reward for carrying the child.
- The surrogate is the legal mother at birth, regardless of whether she used her own egg or a donated egg.
- If the surrogate is married or in a civil partnership, her spouse/civil partner may be the second legal parent depending on the circumstances.
- Surrogacy agreements are not legally enforceable in the UK.
The legislation applies regardless of which country the surrogacy takes place in. So, even if your surrogate lives in a country that allows paid (commercial) surrogacy, you will still have to follow both UK and local laws.
Surrogacy agreements: What are they and do you need one?
A surrogacy agreement is a written record of how everyone agrees the surrogacy will be handled. They typically cover:
- How the pregnancy will be achieved and how many times you’ll try (for example, IVF).
- What is expected of the surrogate in terms of health and daily habits during pregnancy, such as medical check-ups or avoiding alcohol.
- Which reasonable costs will be covered for the surrogate and when payments will be made.
- Plans for the birth and how the child will be cared for in the early days.
- What should happen if things don’t go as planned, such as medical emergencies.
- An agreement that the surrogate will assist with transferring legal parenthood.
- Arrangements for keeping in touch after birth, if you decide that you want the child to have contact with their birth mother.
Surrogacy agreements are not legally binding in the UK. No one can be forced to follow the agreement, which means the intended parents and surrogate must trust each other to honour its terms. Even so, having a written agreement is extremely helpful because it sets out everyone’s expectations from the start. If there is ever a disagreement, a court can look at the document to understand what was originally agreed.
Because of the ban on commercial surrogacy, solicitors in England and Wales cannot create a surrogacy agreement for you. Reputable surrogacy agencies can provide a fill-in-the-blanks agreement for you to customise, which we can then review.
Surrogacy and Parental Orders
If a child is born through surrogacy, the law says the woman who gives birth is the legal mother and her spouse/ civil partner may be the child’s other legal parent. To have legal parenthood transferred, the new parents must apply to court for a Parental Order within six months of the child’s birth. Here’s what’s important:
- At least one intended parent must be biologically related to the child (sperm or egg donor).
- Everyone must consent, including the surrogate and her partner if she has one.
- The process is open to single parents, same-sex couples, and heterosexual couples.
- Payments that exceed the surrogate’s reasonable expenses must be approved by the court.
If everyone agrees, then obtaining a Parental Order is usually a straightforward process.
If you aren’t eligible for a Parental Order, we can help you legally adopt the child to secure parental rights.
International surrogacy
Other countries have different laws regarding surrogacy. Some countries might list the intended parents as the legal parents on the baby’s birth certificate. UK law will always treat the surrogate as the child’s mother until you successfully get a transformative Order.
The legal process for obtaining a Parental Order has a few extra steps for international surrogacies. You will need to provide extra documents, such as translated surrogacy agreements and evidence that foreign laws were followed, when you apply for a Parental Order here.
You will also need to secure entry for a child born overseas. The process depends on where the child is born and the citizenship of the intended parents. The immigration authorities pay close attention to these applications, so it’s important to provide thorough and accurate documentation to support your case.
Even if both intended parents are British, you should speak to a specialist before starting an overseas surrogacy. We can help you plan ahead to make sure your child is allowed to enter and stay in the UK.
Why choose Osbornes’ surrogacy experts?
The family lawyers at Osbornes Law specialise in surrogacy law. We provide outstanding and compassionate support to intended parents and surrogates throughout every stage of the surrogacy journey.
Head of the surrogacy team is Naomi Angell, who has over 45 years of experience in helping people expand their families through surrogacy and adoption. Naomi is recognised as the UK’s leading lawyer for surrogacy arrangement advice, especially for complex international surrogacy.
She won the ‘Lifetime Achievement’ award at the 2020 Law Society Awards for her contribution to family law policy and her case work and is ranked as a ‘Senior Statesperson’ in Chambers UK.
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
Surrogacy law FAQ
What does a surrogacy solicitor do?
Our surrogacy lawyers have a range of responsibilities. They will:
Explain the Legal FrameworkSurrogacy is legal in the UK, but there are strict rules:
Only altruistic surrogacy is permitted (no commercial payments). Surrogacy agreements are not legally binding. The surrogate is the legal mother at birth, regardless of biology.Our surrogacy solicitors will explain how the law applies to your situation and advise you on your rights and responsibilities.
2. Advise on Surrogacy Agreements
Although UK law doesn’t allow solicitors to draft surrogacy agreements for a fee, they can:
Review draft agreements provided by surrogacy organisations like Surrogacy UK. Advise on what should be included, such as: Birth arrangements Payment of reasonable expenses Consent for a parental orderThis helps ensure all parties understand and agree on expectations before the pregnancy begins.
3. Secure Parental Orders
After the child is born, legal parenthood must be transferred from the surrogate to the intended parents through a Parental Order.
Our surrogacy solicitors will:
Prepare and file the application Ensure all legal requirements are met, including: Consent from the surrogate and her spouse (if applicable) Biological connection between child and at least one intended parent Application is made within 6 months of birth Represent you in court4. Support International Surrogacy
Surrogacy laws vary significantly between countries. Our experienced international solicitors will:
Help you navigate foreign legal systems Work with overseas lawyers and agencies Ensure UK law is followed, even when foreign birth certificates name intended parents as legal parents Advise on immigration and nationality issues, such as: How to bring the child back to the UK5. Coordinates with Other Professionals
Our surrogacy solicitors work closely with:
Fertility clinics Surrogacy agencies Immigration lawyers Social workers and local authoritiesThis ensures a joined-up approach and smooth process throughout.
6. Provide Reassurance and Support
Surrogacy is an emotional and complex journey. Our solicitors will:
Explain things clearly Keep you informed at every step Anticipate and resolve potential problems Offer compassionate adviceHow do I choose a surrogacy lawyer?
Surrogacy law is a highly specialised area and you should look for a lawyer with a proven track record in this field. Check for accreditations and recommendations from reputable surrogacy organisations.
When should I instruct a surrogacy lawyer?
It’s best to instruct a surrogacy lawyer as early as possible and ideally before any agreement is made with a surrogate. Early advice can help you understand your options and prepare for the legal steps involved, especially if your arrangement will take place overseas. If you’d like to discuss your situation or have questions about starting the process, please get in touch with us for an initial, no-obligation chat.
Can my family lawyer write my surrogacy agreement for me?
No. Under UK rules, solicitors are not allowed to draft surrogacy agreements.
What legal rights do surrogate mothers have?
What happens if the surrogate wants to keep the baby?
In UK law, a surrogate mother is considered the legal mother of the child at birth, regardless of whose egg is used. If she is married or in a civil partnership, her spouse or civil partner is usually recognised as the second legal parent – unless it’s shown they didn’t consent to the surrogacy.
This means that:
Surrogates retain full legal rights and parental responsibility until a parental order is granted. Surrogacy agreements are not legally enforceable in the UK – even if everyone has signed and agreed to the arrangement. A surrogate can change her mind about giving up the baby, even after birth.Find out more about the landmark ruling that confirms the legal rights of surrogate mothers.
Do overseas birth certificates mean I am a legal parent here?
Not necessarily. Foreign birth certificates are not enough to establish legal parenthood in the UK. You must apply for a Parental Order to be legally recognised as the parent back home.
What if I can’t get a Parental Order?
If getting a Parental Order isn’t possible, intended parents have other routes they can take. One option is to apply for an adoption order. Another possibility is a Child Arrangements Order, which allows the child to live with the intended parents and gives them parental responsibility, though not full legal parent status.
Osbornes Law is unique in that our alternative parenting team specialise not only in surrogacy, but also in adoption. We can walk you through the process, timeframe and cost of all the options so you can make an informed decision as to which route is right for you.
Maria takes a child-focused approach to cases. She is good at grasping how a child might feel in a situation and this makes her stand out as excellent in her field.
Jonathan is thorough, intelligent, hard-working and committed. He knows the law very well and is committed to the rights of children.
Bridget has a phenomenal reputation, is a very good lawyer and one of the stars in children work.
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.
Simone McGrath is an excellent international children lawyer.
Naomi is very knowledgeable on adoption and surrogacy. She is solution-focused and open to ideas.
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.
I consider them a go-to for conciliatory work on the children side.
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.
Bridget Thompson handles child inclusive mediations.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
Simone McGrath has an incredible knowledge of international cases. She has been involved in many leading cases and is a go-to lawyer in the field.
The family law team at Osbornes is one of the strongest in London.
Maria Kitsiou heads up the domestic children offering.
Lauren Hall leads the international children team.
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.
The team is experienced in handling matters where there are allegations of abuse and non-accidental injury, as well as situations where children's welfare is at risk due to parents' substance misuse or mental health issues.
The lawyers at Osbornes are very well established and have a lot of experience between them, which gives them a lot of confidence and a willingness to think out of the box.
Their client care is really impressive and they have such breadth of experience
In a long standing issue with my ex and our child, Lisa and her team have always given me advice that has been first class. Lisa has a deep knowledge of how the courts work and which arguments will work and which will not and will advice exactly what to do and when.
My solicitor Jon Jonas came across as a genuine, very skilled solicitor who demonstrated great insights and experience in complex child arrangement cases. He has been able to create and implement an effective strategy to deal with extremely toxic matters.
Naomi Angell has considerable strength in adoption, surrogacy and fertility issues
Bridget Thompson is a public law specialist noted for her extensive children public law practice.
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.
"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."
"David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."
Simone McGrath – Exceptional knowledge of international children matters, particularly 1980 Hague Convention cases. Fights hard for her clients.
"Bridget Thompson combines her excellent legal knowledge with a clear, succinct and robust style of advice and advocacy. Her approach clearly inspires a high degree of client confidence in her"
"She is excellent. She's very reliable, talks about her cases passionately and is very committed to her clients."
"I consider the firm to be very experienced in child care cases and to provide a very professional and high standard of work"
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."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Simone is absolutely on top of the game. She has great attention to detail, and has her clients' needs at heart."
"Bridget is client-focused, a pleasure to work with and incredibly supportive to her clients."
"Naomi Angell is a leading figure in domestic and inter-country adoptions, and also has expert knowledge of related fertility and surrogacy issues."
Bridget Thompson heads the family team, where client care is the top priority.
Simone McGrath is a highly knowledgeable practitioner with a focus on international child abduction matters. She has a large expertise in public and private law.
Highly respected for her [Naomi Angell] focused on cross-border children work, including surrogacy matters.
Simone McGrath handles international child abduction cases and challenging care proceedings relating to non-accidental injuries.
Naomi Angell advises on international adoptions and complex surrogacy matters. She is commended for her broad, in-depth experience."
This team is perhaps best known for its children work, often involving complex international dynamics.
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
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