Surrogacy in the UK: Understanding the Law and the Process
This overview explains how UK surrogacy law works and what intended parents and surrogates need to know.
Key Principles of Surrogacy Law
1. Non-enforceable agreements
Any surrogacy agreement made between intended parents and a surrogate has no legal force in the UK. If a dispute arises, the family court will decide what happens by applying the
child’s welfare as the paramount consideration, not the terms of the agreement.
2. Legal parenthood at birth
At birth, the surrogate is always the child’s legal mother, whatever the genetic relationship. If she is married or in a civil partnership, her spouse or civil partner will also be the second
legal parent unless it can be shown they did not consent to the conception. The intended parents therefore have no automatic legal status when the child is born.
3. Parental Orders
To transfer parenthood, the intended parents must apply for a Parental Order under section 54 (couples) or section 54A (single applicants) of the Human Fertilisation and Embryology Act 2008.
A Parental Order permanently transfers legal parenthood and parental responsibility from the surrogate (and her spouse or civil partner, if relevant) to the intended parent(s).
Timing and procedure
● You can apply after six weeks (once the surrogate can legally consent) and should apply within six months of the birth.
● Courts have allowed late applications only in exceptional cases where the child’s welfare requires it.
● The surrogate and her spouse/civil partner must give free and unconditional consent, signed no earlier than six weeks after birth.
● At least one intended parent must be genetically related to the child.
● The child must live with the intended parent(s), and they must be domiciled or habitually resident in the UK, Channel Islands, or Isle of Man.
● Both couples and single applicants (since 2019) may apply.
Payments and “Reasonable Expenses”
UK law bans commercial surrogacy and criminalises advertising by anyone arranging surrogacy for profit.
Paying a surrogate is not itself illegal, but only reasonable expenses (for example, maternity clothing, travel, medical, or loss of earnings) should be reimbursed.
If higher payments were made, the court must formally authorise them before granting a Parental Order.
Each case is scrutinised individually to ensure the payments are consistent with the child’s welfare.
International Surrogacy
If a child is born overseas, UK intended parents must still apply for a UK Parental Order to become the child’s legal parents here. They will also need to address immigration and nationality matters (such as a British passport or entry clearance) before bringing the baby to the UK. Specialist legal and immigration advice should be taken at an early stage.
Current Reform Position
The Law Commission’s 2023 final report proposed a new “Pathway to Parenthood” under which, in future, intended parents could become legal parents from birth if strict safeguards
were met. The Government has accepted the recommendations in principle, but no new legislation has yet been introduced. Until reforms take effect, the existing Parental Order system continues to apply.
Practical Timeline
1. Pre-conception: obtain legal and fertility-clinic advice and prepare a written (non-binding) surrogacy plan.
2. Pregnancy: agree communication, medical decision-making, and expense arrangements.
3. Birth: the surrogate registers as mother (and her spouse/partner if applicable).
4. Six weeks: surrogate can give valid consent.
5. By six months: intended parents apply for a Parental Order.
6. After order: intended parents become the child’s only legal parents; a new birth certificate is issued.
Surrogacy can be a positive and fulfilling experience, but it carries emotional and psychological challenges. Support organisations such as Surrogacy UK and MySurrogacyJourney offer guidance, networks, and best- practice advice. Research shows that children benefit when parents are open about their surrogacy story from an early age, helping them develop a strong sense of identity.
Conclusion
Surrogacy in the UK is possible, but the law places firm limits around it. With non-binding agreements, complex rules of legal parenthood, and a mandatory Parental Order process, it
is essential to plan and seek legal advice at the earliest opportunity. This is particularly true if international arrangements are being considered, where additional hurdles of immigration and recognition apply.
Philip Elliott has experience in this area of the law and would be pleased to assist. Contact: or call the Bedford office on 01234 303030.