Surrogacy arrangements in England and Wales have nearly quadrupled over the past decade, with parental order applications rising steadily year on year.
Amid the excitement of planning for a new baby, one crucial step often gets overlooked: putting the right wills in place.
This blog breaks down what surrogacy wills are, why they’re necessary, and the key considerations for all parties involved.
What is a surrogacy arrangement and why are surrogacy wills an essential planning tool?
A surrogacy arrangement is an agreement in which a woman (the surrogate) becomes pregnant and gives birth to a child on behalf of another individual or couple, known as the intended parents.
Under UK surrogacy law, the woman who gives birth to a child is recognised as the legal mother, regardless of whose egg or genetic material was used.If she is married or in a civil partnership, her spouse is recognised as the second legal parent unless it can be established that they did not consent to the surrogacy arrangement.
This means that intended parents are not recognised as the legal parents until they have obtained a Parental Order from the Court – a process that can take several months. A Parental Order transfers legal parenthood from the surrogate (and her spouse/civil partner if applicable) to the intended parents.
During this interim period, the child is legally tied to the surrogate. This creates potential vulnerabilities for all parties if someone were to die before the Parental Order is granted.
How a surrogacy will helps protect everyone
A surrogacy will helps ensure:
- The child is protected, with clear guardianship and financial arrangements.
- The surrogate’s wishes are respected, including who should care for the child if she dies before the parental order is granted.
- The surrogate’s own dependants are properly provided for.
- The Parental Order process is strengthened in the event of an intended parent’s death, as the will clearly records their intention to become the child’s legal parent and sets out their wishes regarding guardianship and financial provision. This helps the court understand their intentions and can assist the surviving intended parent in continuing the parental order application.
Putting a surrogacy will in place is a simple but essential step in protecting everyone involved in the surrogacy journey. It ensures clarity, safeguards the child’s welfare, respects the surrogate’s wishes, and provides vital legal support during the period before the parental order is granted.
By planning early, intended parents and surrogates can move forward with confidence, knowing that their intentions are clearly recorded and their families are protected.
At Nelsons Solicitors, we specialise in surrogacy law and can advise on and prepare tailored wills that safeguard everyone involved. Whether you’re an intended parent or a surrogate, we’re here to help you plan with confidence and clarity, explaining everything in straightforward, jargon‑free language so you always feel informed and supported.
How can we help?
Skye Ross is a Paralegal in our expert Wills and Probate team. She provides support to our Wills & Probate team and specialises in drafting Wills, Lasting Powers Of Attorney and Trust documents.
If you have any questions regarding these topics, please contact Skye or another team member in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.
Contact usIf this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.