Surrogacy Solicitors

Surrogacy can be an incredibly meaningful and hopeful route to building a family, but it can also bring legal questions at a time when emotions are running high and there is a great deal to think about. If you are considering surrogacy, specialist legal advice from the outset can help you understand the process, make informed decisions and move forward with greater confidence.

Our family lawyers provide clear, practical and sensitive advice to intended parents and surrogates. We help you understand who will be recognised as a legal parent, what steps may be needed before and after birth, and how to reduce the risk of unexpected legal difficulties later.

Early advice can provide reassurance for the journey ahead

Many of the most important legal questions arise before a child is born. You may want to understand who will be recognised as the child’s legal parents, whether a parental order will be needed, which expenses can be paid to the surrogate and what steps should be taken before and after the birth.

If the surrogacy arrangement involves another country, there may also be questions about immigration, nationality, travel documentation and whether legal parenthood will be recognised in England and Wales.

Taking advice at an early stage can help everyone involved understand the process, make informed decisions and reduce the risk of unexpected legal difficulties later.

Legal parenthood and parental responsibility

At birth, the surrogate is the child’s legal mother, regardless of any genetic connection. If she is married or in a civil partnership, her spouse or civil partner may also be treated as a legal parent unless they did not consent to the treatment.

This means intended parents usually need to take a further legal step after the birth to become the child’s legal parents.  In most cases, this is done by applying to the court for a parental order.

Applying for a parental order

A parental order transfers legal parenthood from the surrogate and any other legal parent to the intended parent or parents.  Once the order is made, the intended parent or parents have full parental responsibility, and a new birth certificate can be issued.

The rules around parental orders are specific.  Requirements usually include that at least one intended parent has a genetic link to the child, the child is living with the intended parent or parents, and the application is made within the required timeframe.  The surrogate and any other legal parent must also provide consent, although that consent cannot be given until the child is at least 6 weeks old.

The court will also look at any payments made to the surrogate. Commercial surrogacy is not permitted in England and Wales, although reasonable expenses may be paid.  Keeping clear records and taking advice before payments are made can help avoid difficulty later in the parental order process.

UK and international surrogacy

Surrogacy in England and Wales and international surrogacy can involve different legal and practical issues. If your child is born overseas, you may need advice on immigration, nationality, travel documents and whether legal parenthood will be recognised in England and Wales.

Being named on an overseas birth certificate does not always mean you are treated as the child’s legal parent under English law.  Taking advice before entering into an international surrogacy arrangement can help you understand the steps, timescales and potential risks before important decisions are made.

How our surrogacy solicitors can help

Every family is different. We take the time to understand your circumstances, your priorities and any concerns you may have. Our advice is clear, practical and tailored to you, whether you are an intended parent, a surrogate, or a family member supporting someone through the process.

We provide:

• Early advice for intended parents considering surrogacy in England and Wales or abroad.
• Advice for surrogates on their legal position, consent and parental order applications.
• Guidance on legal parenthood, parental responsibility and the legal status of donors.
• Representation and support with preparing and progressing parental order applications.
• Advice on reasonable expenses, evidence and information needed for court.

We offer sensitive, jargon-free advice and work with you to identify the legal and practical steps needed to protect your family life.

If you are considering surrogacy, planning an international arrangement or preparing to apply for a parental order, we can guide you through the legal process with clarity, care and sensitivity. 

Get in touch with our family law team for an initial, confidential discussion about your circumstances and the next steps available to you.