How does surrogacy law work in the UK?

By Sarah Wood-Heath

Surrogacy is a method of assisted reproduction in which a woman bears a child on behalf of a couple or individual with the intention of handing over care of the child to the intending parent(s) at or soon after birth. The law surrounding surrogacy in the UK is complex and in need of reform.  Here is an overview.

• Surrogacy is legal in the UK, but if you enter a surrogacy agreement it cannot be enforced by the law.

• The surrogate will be the child’s legal parent at birth. If the surrogate is married or in a civil partnership, their spouse or civil partner will be the child’s second parent at birth, unless they did not give their permission.

• Legal parenthood can be transferred by parental order or adoption after the child is born.

• If there is disagreement about who the child’s legal parents should be, the courts will decide based on the best interests of the child.

• Surrogacy agreements are not enforceable by UK law, even if you have a signed document with your surrogate and have paid their expenses.

• You cannot pay a surrogate in the UK, except for their reasonable expenses.

• Legal complications include time restrictions and consent to parental order applications, and breaches of reasonable payments to surrogates.

The UK government has recognised the need for surrogacy law reform and has launched a public consultation on surrogacy law reform in England and Wales. The Law Commission published its recommendations on 29 March 2023 with consideration of a number of issues including the regulation of surrogacy organisations and intended parents obtaining legal parenthood from birth in UK arrangements. The government is now considering these recommendations.

For more advice contact Sarah Wood-Heath at Sampson Coward on 01722 410664 or email This email address is being protected from spambots. You need JavaScript enabled to view it. or for any other Family Law issue please contact our Family Law Team.

By Sarah Wood-Heath