International surrogacy
Many parents are crossing borders for surrogacy, sometimes for personal reasons but more often to access surrogacy services not available in the UK. The USA, India and the Ukraine are the most well established foreign surrogacy destinations, but others are now emerging as well.
British couples going abroad for surrogacy
If you are based in the UK and looking abroad for surrogacy, it is sensible to explore the legal issues carefully. The law does not join up internationally, which means that, even if the law is straightforward in the country where your child is born, you will need to take additional steps to secure your parental status in the UK and to bring your child home. 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 live outside the UK), it is sensible to explore the UK legal issues 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
Our experience of international surrogacy is unlike that of any other UK lawyers. We have represented the parents in virtually all the key court decisions which have made the law in this field (Re A and B (2013), Re D and L (surrogacy) 2012, Re IJ (2011), Re L (2010) and Re X and Y (2008)) as well as many others, and we deal with international surrogacy on a daily basis, giving us leading practical as well as legal experience. Find out more about our Surrogacy Law Services or contact us for help.
More information
Judge awards parenthood to gay dads after Indian surrogate 'disappears' - our blog, and the Telegraph and Daily Mail
Surrogacy: creating a sensible national and international legal framework - International Family Law, September 2012
The Indian surrogacy industry - and why we need to reform UK surrogacy law - Bionews, June 2012
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
