Surrogacy in the UK

Surrogacy is a legal but restricted practice in the UK.  Surrogacy arrangements are not legally binding as a matter of public policy and they cannot be enforced under contract law.

It is a criminal offence to advertise for a surrogate mother or to advertise as a prospective surrogate mother.  Commercial surrogacy organisations are prohibited, although there are a number of UK not for profit surrogacy organisations which can help intended parents make contact with prospective surrogate mothers.

Surrogacy law in the UK gives legal parenthood to the surrogate mother (and usually her husband or civil partner) even if the child is conceived with the egg and/or sperm of the intended mother/father.  Intended parents must apply for a parental order (the legal solution for surrogacy in the UK), to reassign legal parenthood and extinguish the legal status of the surrogate mother (and her husband or civil partner) for the child.

For more information about surrogacy law or if you would like to discuss your situation in more detail please contact me by email louisa.ghevaert@michelmores.com or by telephone +44 (0)207 7886382. You can also read more about surrogacy law in the UK and internationally, fertility treatment law, donor conception, embryos, eggs and sperm, adoption, family and children disputes and family law in the UK on Michelmores’ specialist fertility, parenting and family law website www.michelmores.com/what-we-do/services/fertility-law.