Surrogacy Law Solicitors
For many modern families, surrogacy has become an increasingly viable option – both in terms of accessibility and cost. However, surrogacy arrangements rely heavily on trust.
The surrogate entrusts the welfare of the child they are carrying to the intended parent(s), and they trust the surrogate to transfer parental rights. For the agreement to work, communication and empathy is a must – on both sides of the relationship.
If you’re considering using a surrogate or you’re in a surrogacy agreement, you should seek specialist legal advice from a surrogacy solicitor as early as possible. Our expert surrogacy lawyers help single people, same-sex and heterosexual couples, and can advise you on all aspects of UK and international surrogacy.
What is surrogacy?
Surrogacy is where someone else carries and gives birth to a child on behalf of another person or couple. The person carrying the baby is known as the ‘surrogate’.
There are two different types of surrogacy arrangements:
- Traditional/straight (partial): the surrogate’s egg is used with the sperm of the intended father.
- Full (gestational): the egg and sperm are from the intended parents or the child is conceived with an egg or sperm from a donor. There is no genetic connection between the baby and the surrogate.
What legal rights does a surrogate have?
Under UK surrogacy law, the surrogate (and, if married, their partner/spouse) will be the child’s legal parents. The surrogate has the legal right to keep the child, even if the baby was conceived using donor eggs or embryos and isn’t genetically related to them.
Surrogacy contracts aren’t legally enforceable, even when entered into and signed by all parties. To become the legal parent of a child born to a surrogate, you only have two options: apply for a Parental Order or adopt the child.
Blog | The law on surrogacy and parental responsibility
Becoming the child’s legal parents
The surrogate will be the child’s legal guardian until a Parental Order is made. If they are married, their spouse will be recognised as the child’s second legal parent. If the surrogate is single, whoever donated the sperm will become the second legal parent at birth.
To transfer parenthood, the intended parent(s) will need to apply for a Parental Order.
Apply for a Parental Order
Put simply, a Parental Order is a legal method of transferring parenthood from the surrogate mother (and their spouse/partner, if they are married) to the child’s intended parent(s).
An application for a Parental Order must be made before the child is six months old, but not before the child is six weeks old.
To apply for a Parental Order, you must be genetically related to the child (i.e. the egg, embryo or sperm donor). The intended parents must also be domiciled in the UK (although a surrogate can be from outside the UK).
If neither you nor your spouse/partner is genetically related to the child (i.e. you used donated sperm and eggs), your only option is adoption. If this is the route you’re taking, you must include a registered adoption agency in the surrogacy process.
Parental Orders can take up to one year to be granted, so it is important to apply as soon as the child is six weeks old.
Surrogacy FAQs
Yes, surrogacy has always been legal in the UK, however, surrogacy agreements (more on this below) are not enforceable by UK law.
There must be a medical reason for using a surrogate in the UK. Surrogacy is often used for those with a medical condition that makes it impossible or dangerous to get pregnant and/or give birth, e.g. recurrent pregnancy loss or a malformation of the womb.
Surrogacy is also a popular option for same-sex couples or single people who want a child.
Surrogates must seek medical advice before entering the process of becoming a surrogate.
Under the Surrogacy Arrangements Act 1985, it is illegal (and a criminal offence) to advertise that you are looking for a surrogate or that you are willing to be a surrogate.
It is also a criminal offence to pay a surrogate for their ‘service’ (you can pay their expenses, however).
There are, however, some non-profit organisations that can legally assist surrogates and the intended parents in navigating their surrogacy. These include Surrogacy UK and Brilliant Beginnings.
In the UK, it is illegal to pay a surrogate, however, the intended parents are responsible for paying ‘reasonable’ expenses to the surrogate. This includes travel and loss of earnings, and can even cover things like maternity clothes or pregnancy supplements.
In terms of what is deemed ‘reasonable’, according to Surrogacy UK, surrogates typically receive between £7,000 and £15,000 in expenses. The amount will vary depending on the surrogate’s personal circumstances. For example, a surrogate with children of their own may need to pay for childcare when attending maternity appointments.
A surrogacy agreement is a document where the intended parents and surrogates outline what has been agreed between them.
You do not need a surrogacy agreement, but it is highly recommended that you do.
A surrogacy agreement is incredibly helpful for both parties in establishing expectations and responsibilities, and addressing any difficult questions before the situation arises.
Surrogacy is an emotional and personal commitment and often, intended parents form close relationships with the surrogate, meaning that a lot of decisions are either assumed or made together casually and without an official ‘paper trail’.
However, surrogacy agreements can provide clarity to ensure that all parties’ intentions and expectations are set out in a clear and concise way. The intention of an agreement is to establish from the outset each person’s expectations and wishes with the surrogacy arrangement.
There is no set template for a surrogacy agreement, however, it is useful to include:
- Confirmation of who the intended parent or parents are
- Written consent that the surrogate will cooperate with any tests and appointments
- Who pays for what? E.g. the intended parent/s may pay for travel to appointments but the surrogate will pay for extras such as pregnancy massages
- Confirmation that the surrogate will not raise the child
- What happens if there is an issue with the baby’s health or welfare
- Whether the intended parent/s will find out the gender
- How expenses will be paid, e.g. a monthly sum or ‘as and when’
- Who will hold the baby first and whether there will be skin-on-skin contact between the intended parent/s and baby after it is born (it is worth sharing this information with midwives/medical staff to ensure things go to plan and to avoid confusion)
- What, if any, kind of relationship the surrogate will have with the child before and after the Parental Order is granted
Get in touch with our surrogacy solicitors
Surrogacy is an emotional commitment and agreements can provide clarity to ensure that all parties’ intentions and expectations are set out in a clear and concise way. The intention of an agreement is to establish from the outset each person(s) expectations and wishes with the surrogacy arrangement. If you’re considering surrogacy or becoming a surrogate, it’s important that you understand the surrogacy process from start to conclusion.
Our specialist surrogacy solicitors can advise you on a range of issues, including international surrogacy, the legal rights of surrogates and parental rights. We work with people across the UK from our offices in Bristol and the surrounding area, in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury.
For more information, call us on 0117 325 2929 or complete our online enquiry form.