Surrogacy is a unique and life changing journey for intended parents. It brings the excitement of building a family, but it can also feel overwhelming, with legalities to consider every step of the way.
At Thomas Mansfield Family Law, we’re here to offer expert legal advice and compassionate support throughout the surrogacy process.
Whether you’re an intended parent or a surrogate, our team ensures that you’re fully informed, legally protected and able to focus on what matters most – welcoming your child into the world.
Surrogacy involves a surrogate carrying and giving birth to a baby on behalf of intended parents. In the UK, this can take two forms:
Both types of surrogacy can be a route to parenthood for those unable to conceive naturally, but each brings its own legal considerations. Knowing your legal rights from the start will help avoid complications later on, and our experienced family law solicitors are here to guide you through every step.
A parental order is what officially transfers parental rights from the surrogate to you, the intended parents. Until this order is granted, the surrogate remains the legal parent – even if she isn’t biologically related to the child.
Without a parental order, you won’t have legal parenthood, which affects everything from making decisions for your child to applying for their passport. Securing this order is crucial, and we’ll guide you through the process, ensuring it’s handled correctly and quickly.
Surrogacy is legal in the England and Wales, but it’s subject to strict rules:
This means solicitors are not currently permitted to negotiate or draft surrogacy agreements. However, we can guide you through the legal aspects of surrogacy, help you understand what to consider and assist with any challenges you may face.
Finally, surrogacy agreements are not legally binding in England and Wales. This means that the surrogate remains the child’s legal mother until a parental order is granted.
Having the right legal advice is crucial to ensure that all parties clearly understand their roles and responsibilities from the outset.
Although a surrogacy agreement is not legally binding, it is still important. It gives everyone involved the opportunity to discuss and clarify their expectations before moving forward.
This can help address potential issues early, such as differing views on involvement in the child’s life or the practicalities of the surrogacy. If disagreements arise later, the agreement can serve as a record of everyone’s intentions, which the court may consider when resolving disputes.
We’ll be with you at every stage of your surrogacy journey, offering clear and straightforward advice to make sure you fully understand each step. You’ll always know what’s happening and what comes next, giving you the confidence and peace of mind that everything is being handled correctly.
Our goal is to make the process as smooth and stress-free as possible, so you can focus on the joy of building your family.
If your surrogacy journey takes you overseas, there are additional legal steps to consider. You’ll still need to apply for a parental order in the UK, even if you’ve followed local laws in the country where your child is born. Additionally, you may need to deal with immigration processes to bring your child home.
We’ve helped many families through international surrogacy. Our team will guide you through the complexities of applying for a parental order in England and Wales, and help with any immigration issues, so you can focus on bringing your child into your family with confidence.
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We know surrogacy can be an emotional rollercoaster. You’re not just dealing with legal matters – you’re building a family. That’s why we take a compassionate, hands-on approach, making sure you feel supported and understood throughout the process.
How can parents communicate effectively during a divorce for the benefit of their children?
When parents separate, the way they communicate has a lasting impact on their children. It helps to keep conversations respectful and focused on practical arrangements rather than emotions.Many parents find it easier to use co-parenting apps or shared calendars to stay organised and reduce misunderstandings. If things start to break down, mediation can offer a calm, neutral setting where both sides are supported in finding a way forward that keeps the child’s wellbeing at the centre.
What factors influence child maintenance calculations?
Child maintenance payments are mainly based on the paying parent’s income, but several other elements come into play. The Child Maintenance Service applies a formula that looks at income after tax and pension deductions, as well as the number of children and how much time they spend with each parent. In some cases, extra costs such as medical needs or school fees may also be taken into account.Every family’s situation is slightly different, which is why professional guidance from a child maintenance solicitor can be helpful in understanding what’s fair and realistic.
What legal steps are involved in the surrogacy process?
The surrogacy process involves several legal stages to ensure that the intended parents become the child’s legal parents. A key step is applying for a parental order, which transfers legal parenthood from the surrogate to the intended parents. When surrogacy takes place overseas, the process can be more complex because the rules vary from one country to another.Taking early advice from a specialist surrogacy lawyer will help avoid costly delays and ensure every legal requirement is met properly.
Do grandparents have legal rights to see their grandchildren?
Grandparents don’t automatically have a legal right to contact with their grandchildren, but the courts do recognise how important those relationships can be. If contact has been restricted, a grandparent can apply to the court for permission to make an application. The judge will then consider whether seeing the grandparent is in the child’s best interests, taking into account the family history and the child’s welfare.Many families find that family mediation helps rebuild communication before the court stage is even needed.
What challenges should I expect with international child custody matters?
Disputes involving children across different countries can be complicated. There may be disagreements about which country’s courts should decide the case, or how international conventions (such as the Hague Convention) apply. Cultural differences, travel arrangements, and the practicalities of shared care can also create difficulties.Because every country’s system works differently, it’s essential to get specialist legal advice from a specialst international child lawyer early on to avoid mistakes and protect both your rights and your child’s stability.
What should I consider if I plan to relocate with my child?
Moving to a new area or another country with your child isn’t a decision to make alone. You’ll need the other parent’s consent, or, if that’s not possible, the court’s permission.Think carefully about how the move will affect your child’s schooling, friendships, and their relationship with both parents. The court’s focus will always be on what arrangement best supports the child’s emotional and practical needs, so detailed planning and clear communication are key before relocating with a child.
How are child arrangements determined?
When parents can’t agree on where a child should live or how much time they spend with each parent, the court can step in to make what’s called a “child arrangements order.”The judge will look at the child’s welfare, their wishes and feelings (depending on age), and each parent’s ability to meet their needs. However, families are encouraged to first speak to a child arrangements lawyer, to try mediation or negotiation, as reaching an agreement together is usually less stressful and far better for the child in the long run.
Arrange a confidential chat with one of our expert family law solicitors today.
Please note we cannot offer legal aid.
