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It is, and always has been, legal to enter into a surrogacy arrangement in the UK. However, there are various rules and restrictions. Surrogacy agreements are not binding Surrogacy contracts are unenforceable in the UK, which means that everyone relies on each other to honour the agreement, both in respect of handing over the child and expenses and other issues. It is also against the law for a third party (including a solicitor) to draft a surrogacy contract for payment. &nbs...
UK law on parenthood after surrogacy applies whether the child is born in the UK or elsewhere (and irrespective of any foreign court order or birth certificate which records the intended parents as the legal parents). The law at birth Under UK law, the woman who gives birth (the surrogate) is the legal mother. If the surrogate is married when she conceives, her husband is the legal father unless it is shown that he did not consent to the conception (although this is not easy to prove,...
Those considering surrogacy often worry about surrogacy agreements not being binding, and fear what might happen if the surrogate did not hand over the baby at birth. Equally many surrogates fear that the intended parents will not assume responsibility for their child. In fact, serious disputes of this kind between parents and surrogates are very rare. There have been only three UK reported cases dealing with UK surrogacy arrangements in which the surrogate has not handed the baby over at...
Because UK law does not recognise the intended parents as the legal parents of their child from birth, there is a period of time during which the family is in legal limbo, even though the parents assume care of their child immediately from birth. Who can make decisions for the child during this time? The surrogate always has parental responsibility, giving her the authority to make decisions for the child. If she is married, her spouse shares parental responsibility with her. If she is u...
It is important to protect everyone involved in a surrogacy arrangement against the risk of one of the adults involved dying unexpectedly. Most intended parents pay for life insurance for their surrogate, to make sure that her family is financially protected if anything happens to her as a result of the pregnancy. All those involved in a surrogacy arrangement should also make or update their wills well in advance of the birth. The intended parents should: Provide for the payment of ex...
This article, written by Melissa Elsworth and Natalie Gamble, looks at Jessica Lee MP's proposals for a new system of UK surrogacy law
Natalie wrote a feature for We Are Family magazine (winter 2013) celebrating the launch of Brilliant Beginnings and talking about the legal issues for gay men conceiving through surrogacy in the UK and abroad.
The HFEA updated its Code of Practice guidance on surrogacy in October 2013 (following advice from NGA). Our article, published in Bionews in May 2013, explains the changes.
In response to the announcement that the Hague Conference was looking into whether to regulate international surrogacy, Natalie wrote a piece for International Family Law (published in September 2012) urging the Hague to understand the practical realities of surrogacy.
Many people think that surrogacy arrangements often break down, with the surrogate keeping the baby. Natalie’s article, published in charity Infertility Network UK’s magazine for fertility patients dispels the myth and explains how UK law really works
Re TT (a minor) was the first disputed surrogacy case published in the UK in which a surrogate mother kept the baby. This article, published in Bionews in February 2011, discusses the case and its implications.
Our article, published in The Review (journal for family solicitors) in September 2009 gives an overview of how surrogacy works in the UK in law and in practice
This article for the Infertility Network UK magazine (published autumn 2008) explains to fertility patients how surrogacy law works, and the difficulties for parents.
UK fertility law was updated in 2008, but only minor changes were made to surrogacy law. Natalie's article, published in Family Law Journal in November 2008, argues that the government missed an opportunity to make UK surrogacy law fit for the 21st century.
The High Court ordered a 15 month old girl to live with her biological father and his partner after finding that the birth mother had deceived them about her intentions to hand over the child and then launched a determined campaign to exclude them from the baby's life
This is the court form you will need to complete and send to the family court if you wish to apply for a parental order
This is the court form which is completed and signed by a surrogate (and her spouse) to confirm that they have been sent a copy of the parental order application
This guidance published by the Child and Family Court Advisory and Support Service is the reference point for parental order reporters.
Gay rights charity Stonewall has produced a guide for gay dads starting a family. We were proud to help write the sections on surrogacy and co-parenting.
A mother and father through surrogacy separated shortly after the birth and missed the deadline to apply for a parental order. The court was unable to resolve their legal status, leaving the child a ward of the court and leaving the surrogate as the legal mother.
A UK traditional surrogate mother changed her mind and decided to keep the baby. The intended parents applied to the family court for a residence order (an order that the child should live with them) which the court refused. In this case, the court decided that the child should stay with the birth mother, who offered the best care.
A UK traditional surrogate mother feigned a miscarriage, and the intended parents, who discovered she had given birth to a little boy, applied to the family court for a residence order (an order that the boy should live with them). The court transferred care to the intended parents, because this was deemed to be in the child's best interests in this case.
The Human Fertilisation and Embryology Authority’s Code of Practice gives guidance to fertility clinics on surrogacy, setting out how UK clinics should deal with surrogacy cases, and explaining the procedures and options for allocating legal parenthood
The Surrogacy Arrangements Act 1985 creates the offences of surrogacy brokering and advertising. It also sets out that surrogacy agreements are unenforceable under UK law.
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