Surrogacy arrangements are lawful in the UK, but not legally recognised. This means that surrogacy agreements are not legally binding. Commercial surrogacy is not lawful in the UK and it is illegal to pay a surrogate, except for expenses.
The surrogate mother is treated as the child's legal mother until this is altered by a court order. If the surrogate mother is married, the husband of the surrogate mother will be treated as the child’s father. The non-biological parent does not acquire legal parenthood or parental responsibility until the relevant court order is made, such as a Parental Order.
Our family lawyers can support and guide you through the often emotional but exciting surrogacy process and help you build or extend your family. We can also, and crucially, draw up a surrogacy agreement to show the court your clear intentions if things were to go wrong, assist you in recording the surrogate’s expenses, help you apply for a Parental Order, ensure that you comply with the relevant rules and help you obtain the surrogate mother’s consent.
We would be more than happy to talk through your individual circumstances.