ONLINE CONSULTATIONS AVAILABLE
ONLINE CONSULTATIONS AVAILABLE

Surrogacy Solicitors

With expertise in family law and immigration law, our team can assist you with all aspects of surrogacy.  

We understand the excitement and anticipation that comes with choosing surrogacy.  We are also sensitive to the fact you may have endured a long road involving numerous fertility treatments and disappointments.  Therefore, you can rely on our family law team to be kind, provide practical advice, and celebrate your new family.

As a 100% digital office, we are flexible in how clients wish to deal with us, including providing video conferencing facilities.  Not only can we advise on surrogacy arrangements in the UK, but we can also guide you through the process if you choose to use a surrogate abroad.  The latter will involve the extra step of gaining entry clearance into the UK and British Citizenship for your child, something we can help arrange.

Our experts in Family Law

Frequently Asked Questions (FAQS)

Surrogacy is the process by which a child is carried through pregnancy by a woman who has entered into an arrangement (before she started to carry the child) with the intention that, at birth, the child and parental responsibility for it will be transferred to another person or persons, and that those person(s) will become the legal parent(s) of the child.

There are two types of surrogacy: partial/ traditional and total/gestational

Partial/traditional surrogacy is where the surrogate mother is also the child’s biological mother.  The baby will be genetically related to the father via sperm donation. Total/gestational surrogacy occurs when the surrogate is genetically unrelated to the child.  The embryo is created via:

  • A genetic mother’s egg and genetic father’s (or donor’s) sperm.
  • A donor egg and genetic father’s sperm.
  • A donor egg and donor sperm.

Surrogacy is legal in the UK.  However, surrogacy agreements are not enforceable by law.  In practice, this means that the surrogate mother is the legal mother of the child until this situation is altered by the Court.  A surrogate mother can choose to keep the baby, even if she is not genetically related to it.

Legal parenthood is transferred to the commissioning couple via a Parental Order or adoption.

Once a Parental Order is made, it severs all legal ties with the surrogate parent.

It is illegal to pay any money to a surrogate over and above reasonable expenses relating to the pregnancy and labour.  When making a Parental Order, the Court must be satisfied that no commercial payment or benefit has been made to the surrogate.

It is not unusual for commissioning parents to find themselves in contravention of the payment law around surrogacy.  However, the Court’s recognise that in most cases, the welfare of the child demands that a Parental Order be made. This is by no means guaranteed and commissioning parents should be strict about ensuring unlawful payments are not made to the surrogate.

By instructing our family law Solicitors, you can be assured of up-to-date, carefully considered advice, allowing you to act lawfully throughout the entire surrogacy process, thereby minimising the risk of a Parental Order not being granted.

Due to the ambiguity of the law in the UK, many couples choose to use a surrogate based abroad.

In some jurisdictions (for example, California) the legislation is such that the commissioning parents can seek orders before the birth, and thus become the child’s legal parents before it is born. In others, the surrogate may not renege on the agreement (provided it is properly constituted).  However, this does not alter the position that in England and Wales, a Parental Order must be obtained. The Court will require evidence of consent on the part of the surrogate, provided at least six weeks after giving birth. Consent provided earlier will not be valid in England and Wales.

Also, consent provided outside the UK must be witnessed by a suitable person such as a notary public or a British Consular official.  This can be difficult in practice; however, we can take steps to arrange this for you in conjunction with the agency overseeing the surrogacy.

Immigration difficulties can cause endless heartache and expense for couples who do not seek legal advice on the matter before entering into a surrogacy arrangement.  This is especially the case if the commissioning parents are not British nationals but reside in the UK.

Our family law team will collaborate with our immigration Solicitors to ensure immigration challenges are spotted before you start the surrogacy process.  We will then provide the advice and representation you need to ensure your child can enter and remain in the UK.

To find out how we can advise and represent you on child abduction matters, please contact our London office on 020 3372 5125 or complete our online enquiry form to make an appointment.

Ask Us a Question

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Child Law News

18th June 2020

Parental Alienation

Parental Alienation is a real thing and is well recognised in the family courts as something that ha...

HIGHLY EXPERIENCED FAMILY LAWYER

WE GENUINELY CARE ABOUT YOUR BEST INTERESTS.
WE’LL KEEP YOU UP-TO-DATE THROUGHOUT THE PROCESS.

What our clients say

    Etiam magna arcu, ullamcorper ut pulvinar et, ornare sit amet ligula. Aliquam vitae bibendum lorem. Cras id dui lectus. Pellentesque nec felis tristique urna lacinia sollicitudin ac ac ex. Maecenas mattis faucibus condimentum. Curabitur imperdiet felis at est posuere bibendum. Sed quis nulla tellus.

    ADDRESS

    63739 street lorem ipsum City, Country

    PHONE

    +12 (0) 345 678 9

    EMAIL

    info@company.com