Surrogacy Solicitors

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