There are many legal considerations to be aware of during surrogacy, where an individual carries a child on behalf of another person or couple with the intention that the intended parents will raise the child.
We are highly experienced in supporting both intended parents and surrogates, offering legal advice on domestic and international surrogacy law. This is a well-established process, and we will guide you through each step, including Parental Orders, to make sure you feel supported and fully prepared.
UK Surrogacy Law and Parental Orders
Domestic and international surrogacy bring different legal and practical complexities, and it’s important to understand the requirements before moving forward.
UK law initially recognises the surrogate (and, if married or in a civil partnership, her spouse or partner) as the legal parents. We understand that this is a source of worry, and so we're here to guide you to secure your parental rights smoothly and efficiently.
Whether you enter an arrangement in the UK or pursue an international surrogacy arrangement abroad, you will be required to go through the UK’s legal process to obtain a Parental Order.
Once this is granted, the intended parents acquire legal parenthood from the surrogate (and their spouse/ partner), with a new birth certificate issued naming the intended parents as the parents.
International Surrogacy Arrangements
International surrogacy has become more common in recent times. This is because it can be easier to find a surrogate and the legal position can feel more secure, for example there is the potential to be named on the birth certificate in that jurisdiction from the outset, depending on the laws of the country. It’s important to factor that even with the intended parents' names on the foreign birth certificate, a Parental Order will still be required in the UK.
If you are seeking surrogacy abroad, there are several issues you should consider:
- Citizenship and Immigration – The child’s nationality and right to enter the UK will be dependent on whether you or your partner is a British citizen, the country where the child is born, and how the surrogacy arrangement was set out. You may be required to apply for a British passport or entry clearance for the child.
- Different Surrogacy Laws – It's important to check whether surrogacy arrangements aren't legally restricted or prohibited in the relevant country.
If you are seeking surrogacy abroad, you should seek legal advice in both the country where you intend for it to take place and the UK to ensure you comply with the laws of the country you are undertaking the arrangement in and that you know what steps and how long it will take to be able to bring your child home.
Surrogacy Court Hearings
Parental Order applications for surrogacy arrangements will be handled by the Family Courts. Where the arrangement has taken place in the UK the hearing will typically be heard in the lower family courts. Where the arrangement has taken place abroad, the application is generally considered by the High Court.
Legal Advice on Surrogacy Law
We understand the considerations involved and can provide clear surrogacy legal advice, dedicated representation, confidentiality, and practical guidance to allow you to approach surrogacy arrangements with confidence.
Contact our domestic and international surrogacy lawyers today to find out how we can provide legal advice and assist you through each stage of the process. To book a consultation with Sarah Wood-Heath, Senior Associate Solicitor or call 01722820934.