Surrogacy

Our Surrogacy Services

Surrogacy law in the UK is unlike most other areas of family law. Nothing about it is automatic, and every stage has a legal step attached. Here’s where our team helps.

What Is Surrogacy?

Surrogacy is an arrangement where a woman, the surrogate, carries and gives birth to a child for someone else, the intended parent or parents. There are two types. In full (or gestational) surrogacy, the surrogate has no genetic link to the child. In partial (or genetic) surrogacy, the surrogate’s own egg is used, so she is genetically related to the child.

Full surrogacy is now far more common in the UK, usually using IVF with the intended parents’ own eggs and sperm, donor gametes, or a combination.

Surrogacy Agreements

A surrogacy agreement sets out what everyone expects: contact during the pregnancy, expenses, what happens at the birth, and how decisions get made if plans change. It is a valuable document. It is not, however, a legally enforceable contract under UK law. Although not legally enforceable, a properly drafted surrogacy agreement helps everyone understand their roles, expectations and intentions from the outset.

This means the agreement can’t be used to force the surrogate to hand over the child, or to force the intended parents to take the child, if either changes their mind. We’re direct about this from the outset. A well-drafted agreement still matters. It shows everyone’s intentions clearly, and courts do take it into account.

Becoming Your Child’s Legal Parents: The Parental Order

A parental order transfers legal parenthood from the surrogate to the intended parent or parents. It’s made under section 54 of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) for couples, or section 54A for a single applicant. Section 54A has allowed single people to apply since 3 January 2019.

The application has to meet several conditions. At least one applicant must be genetically related to the child. Applications are usually issued within six months of the birth, although the courts have shown flexibility where applications are made later.

The child’s home must be with the applicant or applicants. The surrogate, and her spouse or civil partner if she has one, must consent, and that consent can’t be given any earlier than six weeks after the birth. The court will consider any payments made to the surrogate and whether they are compatible with the statutory requirements when deciding whether to make a parental order.

Unlike the fertility-treatment rules for same-sex parents outside a surrogacy arrangement, a parental order can still be granted even where conception happened outside a licensed clinic. The court has confirmed this in reported cases. But getting advice before conception, not after, makes the whole process far more straightforward.

What You Can Pay a Surrogate

The Surrogacy Arrangements Act 1985 keeps UK surrogacy altruistic. You can cover your surrogate’s reasonable expenses. You cannot pay her a fee for carrying your child. The court checks this carefully before making a parental order, and will ask about any payments made.

International Surrogacy

Some intended parents use a surrogate abroad. International surrogacy arrangements can raise complex issues concerning immigration, nationality, travel documentation and recognition of parenthood. It is important to obtain specialist advice at an early stage.

You will usually need legal advice in both countries, and a UK parental order is still required to become your child’s legal parents here, alongside sorting out the child’s nationality and travel documents. We work alongside overseas lawyers to manage this.

Same-Sex Parents and Single Parents Using Surrogacy

Surrogacy is a common route to parenthood for same-sex couples and single people, as well as opposite-sex couples. The parental order route works the same way for everyone, subject to the genetic-link and other conditions above. See our Same Sex Families page for the wider legal picture facing same-sex parents.

A Common Misconception: “Our Surrogacy Agreement Is Legally Binding”

It isn’t, and this catches people out. However carefully it’s written, a UK surrogacy agreement cannot be enforced in court to hand over or keep a child. Legal parenthood is only secured afterwards, through the parental order. If you’re relying on the agreement alone for peace of mind, it’s worth getting advice on what actually protects you in law.

Is UK Surrogacy Law About to Change?

Possibly, but not yet. The Law Commission of England and Wales and the Scottish Law Commission proposed a new pathway in March 2023, which would let some intended parents become legal parents from birth rather than applying for a parental order afterwards. As of September 2026, this has not become law. The process described above remains the current legal position, and we’ll update this page if that changes.

How We Support Your Surrogacy Journey

Surrogacy law rewards early advice. Our approach follows a consistent path, shaped by our Client Service Charter.

1. Your first conversation: We listen to your plans and explain, in plain English, what’s automatic in law and what isn’t. We agree a clear scope of work and pricing options before anything starts.
2. Before conception: Wherever possible, we advise before treatment begins. This is when a surrogacy agreement is drafted and everyone’s expectations are set out clearly.
3. During the pregnancy: We’re on hand if circumstances change, and we start preparing the parental order application so it’s ready to lodge as soon as the legal conditions are met.
4. After the birth: We lodge the parental order application, usually within six months of the birth, and represent you through the court process, including liaising with the Parental Order Reporter.
5. Staying informed: We guide you through each stage of the parental order process and explain any issues that arise, ensuring you remain fully informed throughout.

We acknowledge calls and emails within 24 hours, and every matter is supervised by a Partner or Legal Director.

Why Choose Nelsons for Surrogacy Law

Our reputation comes from decades of family law casework in the East Midlands, and from named recognition in the legal directories.

• Family law team recognised nationally: Ranked Tier 1 by The Legal 500 for family law in the East Midlands. Our children team is also recognised by Chambers and Partners for public and private children law.
• Resolution and Law Society accredited: Our family team includes Resolution-accredited specialists, Law Society Family and Advanced Family Panel members, and Law Society Children Panel members.
• Honest from the outset: We tell you plainly what a surrogacy agreement can and can’t do in law, rather than letting you rely on paperwork that won’t hold up if things go wrong.
• East Midlands presence, national backing: Offices in Derby, Leicester and Nottingham. Backed by Lawfront’s national family law network of over 100 specialists and 8 Legal 500 rankings, including 3 Tier 1.

Testimonials…

Start Your Surrogacy Journey With Confidence

Whether you’re just starting to explore surrogacy, partway through a pregnancy, or ready to apply for a parental order, we’ll tell you clearly where you stand and what happens next.

Call 0800 024 1976 or contact us via our online enquiry form to speak to our team today.