Surrogacy law

While surrogacy arrangements are legal in England, strict regulations apply, particularly regarding advertising. It is a criminal offence to advertise for a surrogate or for a surrogate to advertise their services. While surrogacy agreements themselves aren’t legally binding, having a written surrogacy agreement can set clear expectations and avoid misunderstandings. We can explain in detail the process, ensuring that you understand the boundaries and limitations of the law.

In England, the legal parent of a child born via surrogacy is the surrogate mother by virtue of the birth, even if the child is biologically unrelated to her. If the surrogate is married, her spouse is also automatically considered the second legal parent even though not biologically related. In order to transfer full legal parenthood and parental rights to the intended parents (IPs), a parental order is essential. Our team will guide you through this crucial process, explaining how and when to apply, what evidence you will need, the criteria under the legislation and any court requirements.

Surrogacy requires early preparation. Many IPs find it beneficial to consult with us well before the birth to anticipate potential legal requirements and navigate consent to ensure smooth, well-organised steps as the birth approaches. Our team works proactively with you, addressing each legal step while offering empathetic support, keeping your emotional wellbeing in mind.

Many IPs choose international surrogacy, often in countries with more established surrogacy frameworks, such as the United States or Canada, where legal parenthood can sometimes be assigned at birth. This choice can bring greater peace of mind; however, it’s critical to understand that a English parental order is still required to transfer full legal parenthood to you once the child enters the UK.

Every country has different laws regarding surrogacy and it is banned in certain countries. There are no specific international treaties to govern these arrangements. As a result, the complexities of international surrogacy demand careful consideration of foreign legal systems, cultural practices, and varying rules around compensation and parental rights. Our experienced team is here to demystify this complex landscape, providing you with clear information to help you make informed decisions.

When you bring your child home, an English parental order remains necessary to confirm your legal status as parents. Even if you are recognised as the legal parent(s) abroad, English law requires this additional reassignment. We can help you secure this order, addressing any unique factors arising from your surrogacy arrangement and ensuring the process aligns with your family’s specific needs.

International surrogacy often involves immigration requirements, which vary depending on the child’s birthplace. To ease this process, Anthony Gold Solicitors collaborates closely with expert immigration advisers, providing you with tailored advice and necessary steps to ensure a smooth transition for your family. Whether arranging travel documents, visas, or citizenship applications, we support you in addressing these practical details well in advance with the right expert.