Creating a family through surrogacy is a popular family building option. Surrogacy enables you to start a family and have a much wanted biological child.

Surrogacy in the UK is legally restricted.  Under UK law a surrogacy agreement is not recognised as a legally binding contract. UK law prohibits intended parents and surrogates from advertising.

Surrogacy raises complex legal issues, particularly international surrogacy.  English law treats a surrogate mother (and her spouse or civil partner) as a surrogate born child's legal parents (with parental responsibility) at birth.  This means no matter where in the world the surrogacy arrangement takes place, one or both intended parents have no legal status for a surrogate born child at birth, irrespective of the child's biological parents.

Lack of international harmonisation of surrogacy laws creates international conflicts of law.  This can leave surrogate born children 'stateless and parentless', without travel papers to travel home with their intended parents.  It can also engage UK public policy which seeks to restrict commercial surrogacy in the UK.

Deciding to start a family is central to many people's lives. Creating your family through surrogacy is emotionally challenging as you navigate through the processes and grapple with legal complexities. 

Click on the links below to find out more about:

Parental order after surrogacy

Parental Order: Frequently Asked Questions

International surrogacy

Surrogacy dispute

How we can help

We have successfully represented intended parents in ground-breaking cases and shaped UK surrogacy laws. Seek specialist advice before entering into any surrogacy agreement to legally protect your surrogate born child.  We guide you through relevant legal issues and enable acquisition of legal status for a surrogate born child.

We provide sensitive supportive and experienced advice on:

  • surrogacy law in the UK
  • navigating a safe path home after the birth of a surrogate born child
  • acquisition of legal parenthood for a surrogate born child
  • acquisition and exercise of parental responsibility for a surrogate born child
  • application of UK surrogacy law internationally
  • eligibility for a parental order
  • applying for a parental order
  • legal significance of payments to surrogates, agencies or fertility clinics
  • managing a surrogacy dispute
  • preparation of specialist wills for intended parents and surrogates

To find out more about our services click here.

Read more about UK or international surrogacy law in our resource hub.

Gain an understanding of wider issues in development of and current issues surrounding fertility, parenting, surrogacy and family law in the UK and internationally. Click here to visit our Media and Publications section. 

Discuss your situation and arrange an introductory meeting with Louisa Ghevaert, Partner and Head of the Fertility and Parenting Team at Michelmores: email or telephone +44(0)207 7886382.

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