Legal advice on surrogacy

Surrogacy Law

Navigating the complexities of surrogacy law can be challenging. At Nelsons, we are dedicated to providing expert legal guidance and support to intended parents and surrogates throughout the surrogacy process. Our experienced team in Derby, Leicester and Nottingham is here to ensure that your journey is as smooth and stress-free as possible.

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What is surrogacy?

Surrogacy is an arrangement in which a woman carries a child on behalf of someone else. There are two different types of surrogacy, which are full and partial surrogacy:

  • Full surrogacy is when the embryo is created by either the sperm and eggs of the intended parents; sperm from the intended father and a donor egg; or donor eggs and donor sperm. 
  • Partial surrogacy is when an egg from the surrogate mother is fertilised by sperm from the intended father.

Our surrogacy law services

At Nelsons, we offer comprehensive legal advice on all aspects of surrogacy, including the legal rights and responsibilities of intended parents and surrogates. We can assist in drafting and reviewing surrogacy agreements to ensure that all parties are clear on their roles and obligations.

We can also guide you through the process of obtaining a parental order, which transfers legal parenthood from the surrogate to the intended parents.

In the event of any disputes, our solicitors are skilled in mediation and negotiation to help resolve issues amicably.

Please note that we can only advise on a Legal Aid basis for public law/care proceedings.

Meet the team

Why choose Nelsons?

  • Specialised expertise – Our solicitors have in-depth knowledge of UK surrogacy law and are well-versed in handling all legal aspects of surrogacy arrangements. Our team of solicitors includes Resolution Accredited Specialists, Law Society Family Panel & Advanced Family Panel members and Law Society Children Panel Members. The team’s expertise in family law is also recognised by the independent directories, The Legal 500 and Chambers and Partners.
  • Personalised service – We understand that every surrogacy journey is unique. Our team offers tailored advice and support to meet your specific needs and circumstances.
  • Compassionate approach – We provide empathetic and understanding support, ensuring that you feel comfortable and confident throughout the process.
  • Proven success – With a track record of successful surrogacy cases, you can trust us to handle your case with professionalism and care.

Testimonials…

  • "Nelsons Solicitors Limited has an excellent reputation in financial relief cases involving high-net-worth individuals and complicated child-related proceedings."

    The Legal 500
  • “Accomplished practice noted for both matrimonial and childcare matters. Appropriately equipped to assist with public and private children law, including adoptions, child abductions and non-accidental injury cases..."

    Chambers and Partners
  • "...Active in high-value financial remedy matters, including those involving trusts, commercial assets and cross-border aspects.”

    Chambers and Partners (Continued)
  • "Nelsons...is a leading firm in family law. They represent people from all walks of life and always give 110% to all of their cases. Their diversity is exceptional..."

    The Legal 500 2023
  • "...Unlike other solicitors they are always on hand to speak by phone or email, night or day or weekend. They will take the most challenging pro bono cases to ensure that clients have the best representation and advocacy."

    The Legal 500 2023 (Continued)
  • "Midlands powerhouse Nelsons Solicitors Limited houses family law specialists in each of its three offices..."

    The Legal 500 2023
  • "Superb family law team, class A and the absolute go to in children law and financial relief on divorce. They far outweigh their competitors in every aspect..."

    Referee feedback provided to The Legal 500 2024
  • "...The people provide hands on support and client care from the outset concentrating on strategy and approach. Given their wealth of experience, they are financially competitive."

    Referee feedback provided to The Legal 500 2024 (Continued)
  • "Nelsons are an well-established and highly respected firm, deservedly so. They cover a number of disciplines with the utmost professionalism. They are a pleasure to deal with and prominent in the local legal community."

    Referee feedback provided to The Legal 500 2024

If you require legal advice in relation to surrogacy law and your circumstances, please get in touch with our specialist solicitors in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.

Make an enquiry

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Surrogacy & Fertility FAQS

Below, we have answered some frequently asked questions concerning surrogacy law

  • What are the legal steps involved in surrogacy in the UK?

    The legal process typically includes:

    • Drafting a surrogacy agreement (though not legally enforceable).
    • Applying for a parental order after the child is born to transfer legal parenthood from the surrogate to the intended parents.
  • How do we find a surrogate?

    Surrogates can be found through surrogacy organisations, fertility clinics, or personal connections. It’s important to conduct thorough background checks and ensure all parties are comfortable with the arrangement.

  • What are the costs associated with surrogacy in the UK?

    Costs can include medical expenses, legal fees, and reasonable expenses for the surrogate. Commercial surrogacy (paying beyond reasonable expenses) is not allowed.

  • What rights does the surrogate have?

    The surrogate is the legal mother of the child at birth. If she is married or in a civil partnership, her spouse or civil partner is the second legal parent unless they did not consent.

  • Can the surrogate change her mind? 

    Yes, the surrogate can change her mind. The intended parents must apply for a parental order after the birth, and the surrogate’s consent is required.

  • What happens after the birth?

    After the birth, the intended parents must apply for a parental order to become the legal parents of the child. This process involves court proceedings and the surrogate’s consent.

Get in touch

Speak to us now on 0800 024 1976Email Us