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Surrogacy lawyers
Avoiding complications with legal parentage

Using a surrogate mother is legal in the UK, so long as it is not a commercial arrangement. 

However, there are a few legal requirements to be aware of to make sure that the intended parents have legal rights to the child. 

Our surrogacy lawyers can guide you through the process, with straightforward language and practical advice. 

What are the legal issues with surrogacy?

Under English and Welsh law, the birth mother is the child’s legal mother, and if she has a husband, he will be the child’s legal father. 

Therefore, the intended parents have no parental rights in law, without legal intervention. For that reason, the intended parents must apply to court for a parental order to become the child’s legal parents. 
Associated Services
Team

Key contacts

Contact our Surrogacy Legal Advice Team

Caroline Ford

Partner - Family Law

Julius Brookman

Partner - Family Law

Keshini Rajendra

Partner & Co-Head of Family Law

Mira Gohil-Patel

Partner - Family Law

Robyn Allardice

Partner - Family, Commercial & Technology

Saika Alam

Partner & Co-Head of Family Law

Aida Vyšniauskaite

Senior Associate - Dispute Resolution, Family Law and Private Client

Gorkem Ozsoy

Senior Associate - Family Law

Nadia Moynihan

Consultant – Dispute Resolution, Employment & Family Law

Caroline Wallis

Paralegal - Family Law

Sophie Francis

MCILEX Advanced Paralegal
Surrogacy Legal Advice

Frequently asked questions

  • Do the intended parents need to be genetically related to the child?

    Yes. One of the parents must be genetically related to the child. That means that one of you must be the egg donor or the sperm donor.

  • Is there a deadline by which we have to apply for the parental order?

    Yes. You have to make the application within six months of the child’s birth.

  • Can I choose a surrogate who lives abroad?

    Yes. But there are a few legal considerations to think about:

    Legal parentage: any orders made by a court abroad are not likely to be recognised in the UK. Even if that foreign court has transferred legal parentage to you, you will may still need to make an application in the UK.

    Immigration: Your child may need permission to enter the UK. Our immigration team can advise you on the steps you need to take to allow your child to enter the UK.

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