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 Read how surrogacy is currently regulated in the UK, the problems these outdated laws create, and what happened to the long-awaited proposals for reform.
Surrogacy law – clear legal guidance for growing families
Surrogacy can involve complex legal and emotional decisions. Early legal advice can help you understand your rights, protect your family and move forward with confidence.
We're proactive
We don’t just look after you, we look out for you. That means we bring you insights, advice and keep you up to date on all kinds of legal matters so you can keep ahead.
We’re expert-led
We match a member of the team with the right expertise to every client, who will invest time getting to know you, who will look after your interests and ensure you have access to the whole firm when you need it.
We talk your language
The legal and financial matters might be complex, but we aim to keep things straightforward and explain everything in terms that are relevant to you.
Overview
Starting your surrogacy journey with clarity and reassurance
Why families choose surrogacy
Surrogacy is where a woman carries a child on behalf of intended parents, with the intention that the child will live with them after birth. There are two types of surrogacy:
- Gestational surrogacy – this is most common type where the embryo is created using the sperm and egg of the intended parents, with the child having no genetic connection to the birth mother.
- Traditional surrogacy – the surrogate’s egg is fertilised with the sperm of the intended father or a donor, which means the surrogate is genetically related to the child.
Families choose surrogacy for many different reasons, including medical conditions affecting pregnancy, fertility issues, same-sex parenting or becoming a parent as a single person.
Parental orders
Intended parents usually need to apply for a parental order to become the child’s legal parents after birth. Applications for parental orders must usually be made within six months of the child being born. You can do this if you are married or are in a civil partnership. For single parents the law is more complex.
Understanding surrogacy law
When considering surrogacy, it is important to understand the legal framework from the outset, particularly around parental rights, legal parenthood and decision-making after birth. Early legal advice can help intended parents and surrogates understand their rights, responsibilities and the practical steps involved in the process. While surrogacy agreements are not legally enforceable in the UK, legal advice can still help clarify expectations and reduce uncertainty for everyone involved. As per the Surrogacy Act 1985, it’s illegal to be a surrogate for commercial gain.
Resolving surrogacy disputes
Surrogacy arrangements can sometimes become emotionally difficult, particularly if expectations change during or after pregnancy. In some situations, intended parents or surrogates may need legal advice about court applications relating to parental responsibility or arrangements for a child.
Where disputes arise, it is important to get clear legal advice as early as possible to help protect both the child’s welfare and everyone involved. We can represent parties in court on these applications. In some cases, mediation can help intended parents and surrogates discuss concerns openly and reach practical agreements without court proceedings.
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 both single men and women. However, surrogacy law for single parents in the UK can be complex and often requires careful legal 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. Early specialist advice can help you understand your options, reduce uncertainty and protect your child’s long-term legal position.
Reviewing your will and future planning
Becoming a parent through surrogacy is an important life change, and it is sensible to review your will and wider future planning arrangements at the same time. As a new parent there are a number of things you’ll need to consider:
- any wishes concerning the child
- adding a guardianship clause
- wishes relating to your pension
- temporary provisions while the parental order is ongoing.
Case study: surrogacy and parental orders after separation
Discover how our family law team helped intended parents secure legal parenthood following a surrogacy arrangement. Read the full case study to see how expert guidance and compassionate support helped protect their family’s future.
Case study: securing legal parenthood following a surrogacy arrangement
Read how our family law team supported intended parents through a complex surrogacy journey, securing a Parental Order and legal certainty for their family. Discover how expert guidance and compassionate advice helped turn a sensitive process into lasting legal recognition.
Contact us today
Please complete this form and one of our team will be in touch with you shortly.
Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
Telephone
Support with surrogacy and parental rights
Our family law team can support intended parents and surrogates with issues including:
- Advice on parental rights and legal responsibilities for surrogates.
- Legal advice for intended parents using a surrogate.
- Mediation in surrogacy disputes.
- Support with court applications and parental orders.
If you’d like to speak to one of our team, our family and divorce lawyers are based in Bishop’s Stortford, Cambridge, Chelmsford, North Herts and Saffron Walden, but we can help you wherever you are in England or Wales.
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.
Our experience in surrogacy law
Key people
Featured insights
Divorce financial settlements: your comprehensive guide
Navigating the financial aspects of a divorce can be overwhelming. One of the most important steps is reaching a fair
Divorce: your questions answered
We understand that deciding to end a marriage is one of life’s toughest choices. Our experienced divorce lawyers are here
Non-Court Dispute Resolution (NCDR) in family law
When family relationships break down, resolving disputes through the courts is not always the best option and it is no
Grandparents’ rights to see grandchildren
One of the common misconceptions surrounding family law is that grandparents have an inherent or automatic right to see or
Frequently asked questions
-
–
-
–
-
–
-
–
Surrogacy FAQs
Is surrogacy legal in the UK?
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.
Can solicitors draft a surrogacy agreement?
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.
Who is the legal parent when a child is born through surrogacy?
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.
What is a parental order and why is it important?
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.
Can single parents apply for a parental order?
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.
What happens if there is a dispute?
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.
Do I have parental responsibility before a parental order is granted?
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.
Do we need to update our wills after surrogacy?
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.
What should we think about before starting a surrogacy journey?
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.
What does a fixed-fee consultation involve?
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.
Can I speak to a surrogacy solicitor locally or remotely?
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.
Which Tees Law offices handle surrogacy cases?
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.
