Welcome to Surrogacy Legal

The legal position of parents within a surrogacy arrangement can be a complex one.  This is dependant on the circumstances in which the children were conceived, the legal status of the adults involved, their gender, their birth place, and because of changes in legislation; the birth date of the child.

Under English law, irrespective of any biological connection to the baby, the woman who gives birth to that baby is treated as the child’s legal mother. If she is married or in a civil partnership, her husband or civil partner will be treated as the child’s other parent.

The only solution for any intended parent, is to apply to the family court for a parental order.  This must be completed within 6 months of the date of the child’s birth, provided:

• At least one of the intended parents is the biological parent of the child;
• The surrogate mother and her husband/civil partner fully and freely consent to the parental order. That consent cannot be given until the child is 6 weeks old;
• Only reasonable expenses have been paid to, and claimed by the surrogate; and
• The child is in the care of the intended parents at the point when the application is made to the court.