Navigating surrogacy in the UK

Is surrogacy legal in the UK?

Yes, but there are no specific protections available to the parties if things don’t work out. In addition, there are some legal restrictions on how the arrangement can come about.

The main one to be aware of is that it’s an offence to advertise the fact that you are looking for a surrogate or, if you’re a surrogate, that you’re looking for intended parents.

There are a number of organisations that can help you with navigating surrogacy in the UK and it’s wise to consult them, as well as a family law solicitor, about your intentions.

How much should a surrogate be paid?

Surrogates in the UK should not be paid for the service they’re providing, but they can be reimbursed reasonable expenses – travel to and from appointments, loss of earnings, for example. The family court will usually scrutinise the payments made to ensure the legality and fairness of the arrangement.

Who are the legal parents in a surrogacy arrangement?

Initially at least, the surrogate will be the child’s legal mother as she gave birth. If she is married or in a civil partnership, her partner will be the other parent unless that partner has not consented.

If the surrogate isn’t married or in a civil partnership, one of the intended parents can be registered as a legal parent alongside her.

It’s usual for intended parents to apply for a parental order transferring legal parenthood to them. This application happens after the baby has been born and can only proceed if one of the intended parents is genetically related to the baby. Adoption is an alternative route.

Why is legal parenthood important?

It enables you to make important decisions about your child, such as where they go to school and what medical treatment they should have. Taking over legal parenthood from the surrogate means she doesn’t need to be consulted about these types of decisions.

And when both intended parents become ‘legal parents’, this reduces the potential problem of the ‘non-legal-parent’ having fewer legal rights relating to the child on separation or divorce.

What are the risks of surrogacy?

Navigating surrogacy in the UK can be an emotionally charged process for both parties. Without legal protections on either side, there is always a risk of someone deciding it’s not for them after all.

This makes it all the more important for there to be a good relationship between the surrogate and intended parents from beginning to end, and for open communication and a clear understanding of the arrangements and each party’s wants and needs.

What happens if one party changes their mind?

Mediation could help the parties reach an agreement between themselves Failing that, the family court could be asked to make a child arrangements order.

What’s the best way of ensuring everything goes to plan?

A surrogacy agreement, while not enforceable, is a good way of setting out the terms you’ve agreed. If there is a dispute between the parties, the surrogacy agreement could become relevant because it contains the parties’ intentions about what should happen.

The family court would take it into account to that extent. Ultimately, however, the child’s best interests will determine the outcome.

Should I go to a solicitor if I want to put a surrogacy agreement in place?

The current law does not permit lawyers in the UK to draft or negotiate surrogacy agreements for payment. This is due to strict laws that prevent surrogacy from being for commercial gain.

However, it’s a good idea to speak to a family solicitor while you’re exploring the idea of surrogacy, as we’ll be able to explain the legal aspects and make sure you understand what you may be taking on, whether you’re a surrogate or an intended parent.

Your family solicitor will also be able to point you in the direction of other legal support you may need, such as wills and inheritance (for advice about wills, guardianship and inheritance) and employment law (for advice about parental rights).