020 3372 5125 Email us today
Enquire today

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

We Are Experts in UK Surrogacy Law

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.

Meet our team of expert lawyers. Read our client testimonials. Contact us today for help with your surrogacy.

See also:

Page Content

Frequently Asked Questions (FAQS)

What is surrogacy?

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.

Is surrogacy legal in the UK?

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.

Can I pay a surrogate in the UK?

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.

Can I use an overseas-based surrogate?

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.

Can my child through surrogacy obtain British Citizenship?

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.

Please call us on 020 3372 5125 or get an online consultation




    Share
    Follow by Email
    Facebook
    Twitter
    Instagram
    Contact our experts in Family Law
    Director & Head of Family Law
    For legal advice
    call us today
    020 3372 5125
    Or complete our online enquiry form to make an appointment




      What Our Clients
      Say About Us
      Testimonials
      Dealing with Rakhi was more like having In house counsel than hiring a law firm
      So Rakhi Singal of RVS has just handled my divorce, it was a very complex case and I came to Rakhi at the very last minute on a friend’s recommendation. My case was a mess and I stood to lose everything.

      Dealing with Rakhi was more like having In-House counsel than hiring a law firm, she does not approach her clients as a cash machine like many law firms do, she works with you to manage and minimise your costs and de-escalate conflict rather than throw wood on the fire.

      She took a huge personal interest in my case, she was always available on the phone, very quick to respond to emails and is very honest and trustworthy.

      My ex had huge spending power and used a team of high profile solicitors against me, Rakhi literally saved me from complete ruin and helped me get a very fair deal with me spending 6 times less than my ex on legal fees.

      Thank you, my new family and I will be forever grateful!!!!
      What Our Clients
      Say About Us
      Testimonials
      Rakhi’s passion for her profession supersedes the norm
      On dealing with a very stressful and emotional situation involving my young child. I was personally directed to Rakhi Singal. From the very outset of my situation, Rakhi identified the immediate difficulties I faced and offered me a sympathetic and rational approach to my situation, ensuring that she had a full understanding of my issues and concerns. Rakhi’s approach to my case was monumental and customary to my needs and that of my child, which was a fundamental point for me.

      The communication and support I received in and outside of court was nothing short of extraordinary. Rakhi’s passion for her profession supersedes the norm and is clearly demonstrated through her results.
      What Our Clients
      Say About Us
      Testimonials
      Really impressed with Rakhi’s dedication to our case
      Could not be more pleased with the results!

      I approached RVS solicitors as they were highly recommended and now I completely understand why. Soon as I contacted Rakhi I knew I wanted to use her, she was so professional and easy to get along with. I was faced with clients who were refusing the pay invoices, Rakhi immediately reassured me that she was able to help me and recoup these costs. She dealt with the whole process very professionally.

      Really impressed with Rakhi’s dedication to our case and her knowledge and experience on dealing with the case. She communicated with us throughout the process, providing me with regular updates. Thank you so much, I cannot vouch for her work enough and RAW Invites are happy for you to continue to act for all their matters in the future.
      What Our Clients
      Say About Us
      Testimonials
      Very detailed advice, friendly and approachable
      Excellent service for my wife's spousal visa from Lusine: very detailed advice, friendly and approachable. Also flexible in contact by email and provided an excellent cover letter.
      What Our Clients
      Say About Us
      Testimonials
      She is professional, intelligent, hard worker and cheerful!
      I highly recommend Dr. Lusine Navasardyan, as she is professional, intelligent, hard worker and cheerful, she helped us from the beginning of our case until the very end, when she prepared a strong bundle with over 385 pages, which helped us get a successful victory in our Asylum case . I strongly recommend her as I really appreciate all the professional work that she has done . Many thanks to her.
      What Our Clients
      Say About Us
      Testimonials
      She has been very professional and a reliable person
      Dr. Lusine has been working on my case. She has been very professional and a reliable person. She was always attending to my queries and she has always been very friendly throughout my case.
      What Our Clients
      Say About Us
      Testimonials
      She is very professional while creating a friendly and comforting relationship with her clients
      I am very happy with the level and quality of service I got from Dr. Lusine Navasardyan. She is very professional while creating a friendly and comforting relationship with her clients. The service from Lusine was professional,efficient and well organised. Lusine worked extremely hard at resolving my all issues while getting the best result.