It is a complex and evolving area of family law. Modernised and improved regulation is required to safeguard the welfare of the child and protect the interests of all those involved in surrogacy, and a surrogate and intended parent(s) must seek legal advice before embarking on any surrogacy arrangement, in the UK or overseas.

‍Surrogacy agreements

A surrogacy agreement provides for a woman, known as the surrogate, to bear a child (that may or may not be genetically related to her) on behalf of another couple or individual, who will become the child’s legal parents or parent.

Surrogacy agreements are not enforceable in the UK under existing legislation, but they can be a useful document in terms of setting out the intentions of both the surrogate and the intended parent(s), covering eventualities and decision-making such as conception, pregnancy, birth arrangements, post-birth arrangements, any post-surrogacy contact, information which is to be given to the child, and costs and expenses.

Parental order in surrogacy

A parental order confers legal parenthood and parental responsibility on the commissioning parent(s). It transforms the identity of the child for life and brings the child’s legal links to any other parents (whether genetically related or unrelated) to an end. From the time the parental order is made, the child is treated as the child of the commissioning parent(s).

Under the current law, intended parents have to wait until the child is born to apply to the court for a parental order. The process can take several months, and this can make it difficult for the intended parent(s) to take decision about the child in their care.

‍International surrogacy

The number of children born from surrogacy has increased significantly in the last decade, but commercial surrogacy is prohibited within the UK. As there is a shortage of women willing to act as a surrogate in the UK, couples often look to jurisdictions with less restrictive regulatory regimes in place and enter into surrogacy arrangements overseas.

There are currently no international conventions or reciprocal arrangements in force in England and Wales governing surrogacy, so any surrogacy order made abroad is not recognised or enforceable in England and Wales. It is, therefore, essential for commissioning parents to seek legal advice before entering into a surrogacy arrangement and to apply for a parental order in England and Wales immediately following the birth of the child, irrespective of any arrangement or order made overseas.

Why choose Sheridans for surrogacy arrangements?

Andrea Plum is our surrogacy specialist. She provides comprehensive legal advice and guidance to heterosexual and same-sex couples, supporting them throughout their surrogacy journey, from deciding which surrogacy organisation to work with, reaching an agreement about how the arrangement will work, advising on British nationality, UK passports and travel home after the birth of the child (for overseas arrangements), applying to the family court for a parental order to transfer legal parenthood, and resolving disputes if the arrangement should breakdown.

We are part of a global network of family lawyers operating in many jurisdictions, and we work with international lawyers and other professionals to provide a comprehensive service in every surrogacy case.