International surrogacy
International surrogacy arrangements are increasingly common, as countries across the world take very different approaches to surrogacy. Some have more restrictive laws than in the UK (for example, many European countries); others take a more liberal approach (including the Ukraine, the USA and India) and many prospective parents are crossing borders.
British couples going abroad for surrogacy
If you are based in the UK and going abroad for surrogacy, it is sensible to explore the legal issues fully, both in your destination country and in the UK. There is currently no international harmonisation of law, which means that, even if you sort things out in the country where your child is born, you can find yourself legally unprotected at home and without an automatic right to bring your child into the UK. Find out more about how English surrogacy law applies if you are British (or based in the UK) going abroad for surrogacy.
You can also download our free information leaflet for couples considering surrogacy in the USA.
Non-British couples living in the UK and British couples living abroad
If you have foreign connections (or have UK connections but live outside the UK), you must explore the legal issues fully to ensure that you can secure your legal status as your child's parents and that your child has the immigration rights and nationality status that he or she needs. We work with many expatriate families with British links, as well as with non-British couples living in the UK. Find out more about how the law applies for non-British couples considering surrogacy in the UK or abroad.
How we can help
We have unrivalled experience dealing with international surrogacy law, having successfully represented the parents in virtually all the international surrogacy cases heard to date by the English court, including published cases Re IJ (2011), Re L (2010) and Re X and Y (2008). We also have links with other leading expert lawyers across the globe. Contact us if you would like us to:
- Advise you on how the law applies in relation to international surrogacy law, including on parenthood, entry clearance and citizenship
- Provide our leading expertise on domicile and jurisdiction
- Represent you in an application for a parental (or alternative) order, including situations where you might have paid more than reasonable expenses, or are not domiciled in a part of the UK.
- Work with foreign lawyers (you might also find our page for non UK advisors helpful).
More information
International surrogacy law conference in Las Vegas - Family Law (journal) article, February 2012
Can you trust your surrogacy lawyer? - Bionews article, 12 September 2011
Crossing borders for surrogacy: the problems for families and policymakers - Bionews article, May 2011
Fertility tourism: what you need to know - Infertility Network UK magazine, Winter 2010
The chosen middle ground: England, surrogacy law and the international arena - International Family Law (journal) article, November 2009
Crossing the Line: the legal and ethical problems of foreign surrogacy - Reproductive Biomedicine, August 2009
Re X and Y (foreign surrogacy): a trek through a thorn forest (with Lucy Theis QC, now Mrs Justice Theis) - Family Law (journal) article, March 2009
Why UK surrogacy law needs an urgent review - Bionews article, 28 April 2008