At TWM Solicitors, our experienced Family Law team provides clear and compassionate advice to help intended parents and surrogates navigate the legal process with confidence.
Is surrogacy legal in the UK?
Yes. You can enter into a surrogacy agreement, but a surrogate can only be reimbursed for expenses, rather than being paid commercially to be a surrogate.
Are surrogacy agreements legally binding?
No, surrogacy agreements aren’t binding under English law. However, it is advisable to have legal representation to help you consider all the relevant issues and potential pitfalls.
The surrogate will be the child’s legal mother until there is a court order changing the child’s legal parents, so it’s important to understand what that means if significant decisions are needed for your child, such as requiring medical treatment.
How do intended parents become the child’s legal parents?
You need to apply for a Parental Order. You can do this as a single person, a same-sex couple or an opposite sex couple.
We can advise you on the process and help you ensure it is as smooth as possible. You should apply for a Parental Order within six months of your child being born, so it’s best to take legal advice as early as possible. Whilst you cannot make the application until your child is born, you can take legal advice beforehand so that you are ready to start the process straight after your child’s birth.
If your child is over six months old it is still possible to apply for a Parental Order but, again, the earlier you can take advice, the better your chances of obtaining one.
International surrogacy considerations?
There are many things to consider if you’re entering into surrogacy arrangements outside the UK.
Each country has its own laws, which can treat surrogacy and parental status very differently. You will need to consider:
- Who the legal parents are under the law in the country the child is conceived in, the country the child is born in and in the country the intended parents live in
- How and when you can obtain parental rights in the UK
- The immigration and citizenship status of your child
- Practical steps to bring your child safely home.
It’s important to work alongside trusted international law specialists to ensure the process runs as smoothly as possible.
How TWM Solicitors can help
Whether you are considering surrogacy, acting as a surrogate, or ready to apply for a Parental Order, our experienced surrogacy solicitors are here to help. We’ll guide you through the process, protect your interests, and help you start your family journey with confidence. Contact one of our Family Law team today.