Surrogacy law

Whether you wish to be a surrogate, or plan to conceive a child using a surrogate, you should be aware of your legal rights and obligations. Surrogacy is strictly regulated – get legal advice before you agree to anything.

Surrogacy solicitors: Expert legal advice

Please be aware that if you choose to enter into a surrogacy agreement, a solicitor will be unable to offer any advice, due to the Surrogacy Act 1985 which prohibits surrogacy being for commercial gain.

Surrogacy disputes

Often, intended parents considering surrogacy, worry about what will happen if the surrogate does not hand over the baby at birth. There are applications that can be made to the court by the surrogate or intended parents, through the Children Act and you should take specialist legal advice.

At Tees, we have expertise in resolving complex surrogacy disputes. We can represent parties in court on these applications. We also offer mediation, if appropriate, where we will meet you to identify and discuss the issues and reach an agreed way forward together.

What is a surrogacy agreement?

While surrogacy agreements are not legally enforceable in England and Wales, many intended parents do still choose to enter into a surrogacy agreement, because it sets out important and often sensitive information ahead of the birth of the child such as:

the time and place of conception i.e. using a fertility clinic or at home.
the expenses of the surrogate mother to be paid by the intended parents
when the baby will be handed over to the intended parents
if there will be any contact between the surrogate and the baby after the baby is handed over to the intended parents.

You may find our page on fertility law useful also.

Caroline Andrews is a stand out lawyer for matters of modern family, including surrogacy.

Legal 500 UK, 2025

What is a parental order?

To be recognised legally as the parents of the child, the intended parents must apply for a parental order. This must be done within six months of the child being born. You can apply for a parental order if you are married or are a civil partnership couple. For single parents the law is a little more complex.

Should I make a special will?

Just as when you become parents in any circumstance, it’s important to update your will. You will need to consider:

any wishes concerning the child
add a guardianship clause
your wishes relating to your pension
temporary provisions whilst the parental order is ongoing.

At Tees, our specialist wills solicitors can help draft your will.

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Frequently asked questions

The answers to many of your questions can be found here, please get in touch for further information.

I have been told my property has development potential. What do I do?

If you’ve been contacted by a developer or a land promoter regarding a potential development to your property, you may wish to consider granting an option agreement or a promotion agreement. An option agreement is made between the landowner and the developer, where it is intended that the developer will apply for planning permission and requires an option to buy the property. A land promotion agreement is used where a developer agrees to apply for planning permission and will market the property for sale on the open market once planning permission has been obtained. This is usually in return for a proportion of the net sale proceeds. The law on this is very complex and you will need specialist advice.

Contact us today

If you’d like to meet one of our experts for a confidential, no obligation chat, please get in touch.

Telephone

0800 013 1165

Office locations
Bishop’s Stortford
Brentwood
Cambridge
Chelmsford
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All legal services provided by Tees are regulated by the Solicitors Regulation Authority. Tees is a trading name of Stanley Tee LLP is authorised and regulated by the Solicitors Regulation Authority (SRA Number 464615) and is registered in England and Wales number OC327874.

All financial services provided by Tees are regulated by the Financial Conduct Authority. Tees and Tees Wealth are trading names of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales number 4342506. Registered office address Tees House, 95 London Road, Bishop’s Stortford CM23 3GW.

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