What is Surrogacy?
Surrogacy is a legal and strictly regulated process, current law prioritises the welfare of the child and the autonomy of the surrogate, meaning intended parents (IPs) must follow specific legal steps to secure their status.
What are the Legal Steps for Intended Parents?
The surrogacy “pathway” involves several critical phases to move from conception to legal parenthood:
- Pre-Conception: IPs and the surrogate typically join a non-profit organisation (e.g., Surrogacy UK) to find a match and undergo mandatory HFEA screening for infectious diseases and genetic conditions.
- Conception & Pregnancy: Treatment usually occurs at a licensed fertility clinic. IPs may have a right to unpaid time off for up to two antenatal appointments.
- Birth & Initial Status: At birth, the surrogate is always the legal mother, regardless of genetic connection. If she is married or in a civil partnership, her spouse is the second legal parent.
- Post-Birth Transfer: IPs must apply for a Parental Order to become the child’s legal parents.
- The ‘Surrogate’ carries a child for IPs, the intention prior to conception is that the surrogate will consent to the child being raised by the IPs. ‘Traditional’ surrogacy means that the surrogate uses her own eggs and will therefore be the genetic mother. ‘Gestational surrogacy’ means that the pregnancy is achieved via a fertility clinic and donor eggs may be used.
- Domestic Surrogacy arrangements are where all aspects of conception and birth take place in the UK.
- International surrogacy arrangements mean that conception/birth take place overseas. These cases are usually listed in the High Court.
What is a Parental Order in Surrogacy?
A Parental Order is the only way to permanently transfer legal parenthood and extinguish the surrogate’s legal rights.
Eligibility Criteria:
- At least one IP must have a genetic link to the child.
- IPs must be over 18 and either a single person or a couple in an “enduring relationship”.
- At least one applicant must be domiciled in the UK, Channel Islands, or Isle of Man.
The Process:
- Application: File a C51 form to the family court, usually within 6 months of the birth.
- Requirements: At least one IP must be biologically related to the child. The surrogate must consent to the order, which can only be given after the child is 6 weeks old.
- Cost: As of 2022, the application fee is £263
- Consent: The surrogate (and her spouse) must give free, unconditional consent no earlier than 6 weeks after birth.
- Investigation: A court-appointed Cafcass Parental Order Reporter assesses the child’s welfare and confirms no commercial payments were made.
- Effect: Once granted, a new birth certificate is issued naming the IPs as the parents, and the original certificate is sealed.
The Role of Consent in Surrogacy
Consent plays a vital role in many aspects of the law in England & Wales, including sexual activity, medical treatment, and adoption. Consent is also a key element in surrogacy. You can find out more about the role of consent in surrogacy in this blog by Clemmie Bridges.
Surrogacy Legal Advice – How We Can Help
এট গুডম্যান রে, our specialist surrogacy solicitors provide clear and practical legal advice to intended parents and surrogates at every stage of the process. We understand that surrogacy journeys are deeply personal and often involve complex legal considerations.
Our team focuses on ensuring that:
- You understand the legal framework governing surrogacy in England and Wales;
- The rights and expectations of everyone involved are carefully considered; and
- The process of applying for a parental order is handled efficiently and with sensitivity.
Surrogacy arrangements can involve emotional, legal and sometimes international complexities. Our experienced family lawyers are here to guide you through the process and help you navigate the legal steps required to secure your family’s future.
Get in Touch with our Surrogacy Solicitors in London and Brighton
Our specialist family law team advises intended parents and surrogates on all aspects of UK and international surrogacy. If you are considering surrogacy, or require advice on parental orders or legal parenthood, our experienced solicitors can help.
Please contact our team to discuss your circumstances and receive tailored legal advice. You can get in touch with us by completing our online অনুসন্ধান ফর্ম on our website or contact us via telephone on 020 7608 1227.
Surrogacy FAQs
Surrogacy itself is not arranged through the NHS. However, some fertility treatments that may form part of a surrogacy journey, such as IVF, may be available on the NHS depending on local eligibility criteria and individual circumstances. Access to NHS-funded fertility treatment varies across the UK and is often subject to strict requirements. Many intended parents therefore pursue surrogacy privately.
The cost of surrogacy in the UK varies depending on the circumstances. While commercial surrogacy is prohibited, intended parents are expected to cover the surrogate’s reasonable expenses, which may include maternity clothing, travel, loss of earnings and other pregnancy-related costs. When legal advice, fertility treatment and potential court proceedings for a parental order are included, the overall cost can vary significantly.
Alternatives to surrogacy may include adoption, fostering, or assisted conception methods such as IVF or donor conception. The most suitable option will depend on individual circumstances, including medical considerations and personal preferences. Legal advice and fertility counselling can help individuals and couples explore the options available to them and understand the legal implications of each route to parenthood.
Yes. Under UK law, a surrogate remains the child’s legal mother at birth and surrogacy agreements are not legally enforceable. This means a surrogate can change her mind about handing the child over after birth. In practice, such situations are rare, but they highlight the importance of trust, clear communication and independent legal advice for everyone involved in a surrogacy arrangement.
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