Surrogacy law

If you want to be a surrogate or use a surrogate when planning the birth of a child, it’s important to get clear supportive legal advice at every stage of the process.
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Overview

Protect yourself and your child with expert legal advice on surrogacy

Understanding surrogacy law

Surrogacy is tightly regulated in the UK and can be legally complex. Early advice helps ensure everyone involved understands their rights and responsibilities. Please be aware that due to the Surrogacy Act 1985, surrogacy for commercial gain is prohibited, so we can’t give advice on surrogacy agreements.

Resolving surrogacy disputes

Sometimes disputes arise around surrogacy, such as the surrogate not giving the baby to the parents at birth. We can help either party with advice or applications to court, and can also represent you in court. We also offer mediation to reach an agreed way forward.

Parental orders and wills

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

Fixed-fee family law consultation

View our fixed-fee family law consultation page ,we offer compassionate, expert guidance from an experienced solicitor, focused on you and your next steps.

Updating your Will(s)

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. 

The family team at Tees is led by dedicated and committed partners whose professionalism percolates through the whole department.

Surrogacy law for single parents

Surrogacy can be a positive and practical route to parenthood for single women and single men. However, surrogacy law for single parents in the UK is complex and needs careful planning from the outset.

While surrogacy itself is legal, UK law treats the surrogate as the child’s legal mother at birth. As a single intended parent, you will usually need to apply for a parental order after your child is born to secure full legal parenthood. Since changes to the law in 2019, single parents can apply for a parental order in their own right, provided the legal criteria are met, including the requirement for a biological link.

If you are a single mother who needs to rely on egg donation, or a single father using donor sperm, different legal routes such as adoption may need to be considered. You may also need advice on international surrogacy, immigration, British nationality and the practical steps to bring your child home. Our surrogacy solicitors will guide you clearly through your options, explain the risks, and help you protect both your position and your child’s future from day one.

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Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.

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Tees is a top-tier Legal 500 firm providing a full range of legal services to meet all your needs. We offer expert guidance in family law, including divorce mediation, court proceedings, and prenuptial and postnuptial agreements.

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Navigating surrogacy: Current laws, challenges, and future reforms

Surrogacy can be an incredible way to build a family, but in England and Wales, the law has struggled to keep up with modern family life. Read how surrogacy is currently regulated in the UK, the problems these outdated laws create, and what happened to the long-awaited proposals for reform. 

Our experience in surrogacy law

Key people

Featured insights

Frequently asked questions

Surrogacy FAQs

Yes. Surrogacy is legal in the UK, but it is tightly regulated. Under the Surrogacy Arrangements Act 1985, commercial surrogacy is prohibited. This means third parties cannot arrange surrogacy for profit, and surrogacy agreements are not legally enforceable. Early legal advice helps you understand the limits of the law and how to protect your position.

No. The law prevents solicitors from drafting surrogacy agreements. However, we can advise you on the legal framework, your rights and responsibilities, and the practical steps to reduce risk before and after birth.

Under UK law, the surrogate is the child’s legal mother at birth, regardless of genetics. If she is married or in a civil partnership, her spouse may also be treated as a legal parent. Intended parents must take further legal steps to transfer parenthood.

A parental order is a court order that transfers legal parenthood from the surrogate (and, if applicable, her spouse) to the intended parent or parents. It gives you full parental responsibility and permanently extinguishes the surrogate’s legal status. An application must usually be made within six months of the child’s birth.

Yes, but the criteria are specific. Since changes to the law in 2019, single parents can apply in their own name if the statutory requirements are met, including a biological link to the child. If you do not meet the criteria, alternative legal routes such as adoption may need to be considered.

Disputes are rare but can arise. For example, there may be disagreement about arrangements at birth or the transfer of the child’s care. We advise both intended parents and surrogates, represent clients in court where necessary, and offer mediation to help reach an agreed outcome wherever possible.

Not automatically. Until a parental order is made, the surrogate remains the legal mother. This can affect decision-making about medical treatment, registration of the birth and travel. We will explain what steps can be taken to manage this interim period safely.

Yes. As with any new parent, it is essential to review your will. You should consider appointing guardians, making financial provision for your child, addressing pension benefits and putting temporary arrangements in place while a parental order application is ongoing. Our specialist wills solicitors can help you put the right documents in place.

Surrogacy involves legal, practical and emotional considerations. You should think about where the arrangement will take place, how expenses will be managed, what happens if circumstances change, and how parenthood will be secured after birth. Taking advice at an early stage reduces uncertainty and helps protect everyone involved.

Our fixed-fee family law consultation gives you clear, practical advice tailored to your circumstances. We will explain your legal position, outline your options and set out the next steps so you can move forward with confidence.

Yes. We offer flexible appointments either at one of our local offices or remotely via phone or video call, making it easy to get advice wherever you are.

Our family law and surrogacy solicitors are based across multiple offices in Essex, Cambridgeshire, and Hertfordshire. Your case is handled by the right solicitor for your situation, supported by our wider family law team.