OVERVIEW

Surrogacy is legal in the UK, but it is a complex process with strict legal rules.

It’s important to understand how it works and take advice early to avoid issues later on.

Full Detail

What to expect

Surrogacy is when a woman carries a child for another person or couple.

In the UK:

• Surrogacy must be altruistic (only reasonable expenses can be paid)
• Any agreement between the parties is not legally binding
• The surrogate is the child’s legal mother at birth

If the surrogate is married or in a civil partnership, their spouse or partner may also have legal parental status at birth.

The surrogate is the child’s legal mother at birth, regardless of whether she has a genetic link to the child.

Legal parenthood

The intended parents are not automatically recognised as the child’s legal parents.

Legal parenthood is only transferred through a parental order, which must be applied for through the court.

• This transfers legal parenthood from the surrogate to the intended parents
  
• The surrogate must give consent (after the birth)
• The application should usually be made within 6 months

What you need to know

• Surrogacy agreements are not enforceable, even if written
• Only reasonable expenses can be paid to a surrogate
• There are strict legal requirements for parental orders
• International surrogacy can involve additional legal complexities

Getting advice early can help avoid delays and ensure everything is handled properly.