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Specialist surrogacy solicitors

Choosing to use a surrogate or to be a surrogate, is a decision that’s both exciting and legally complex. Our expert surrogacy solicitors have a wealth of experience advising both intended parents and surrogates, including obtaining a parental order and international surrogacy matters.

For specialist legal advice on domestic and international surrogacy law, call 0800 422 0123 or contact us online to arrange an initial consultation to discuss your situation with an empathetic solicitor.

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How our surrogacy lawyers can help

Our solicitors have experience helping clients at all stages of the surrogacy process. We can help with:

  • Expert advice on surrogacy law: whether you’re the intended parent(s) or the surrogate, we can talk you through the legal requirements of the surrogacy process to ensure you have everything set up as it should be.
  • Guidance on international surrogacy: if you decide to pursue surrogacy in another country, we can advise on the legal process, communicate with lawyers overseas and support you with bringing your child home and securing their British nationality.
  • Post-birth legal support: in the interim between the birth and the parental order being granted, we can support you with registering the birth, parental responsibility and any other matters that arise.
  • Parental orders: help with your court application to become your child’s legal parent(s), any necessary paperwork and getting your child’s new birth certificate.
  • Surrogacy and fertility law: if you’re planning to use gametes or embryos stored at a UK or overseas clinic in your surrogacy, we can advise on the legal implications of this.
  • Wills to protect your family: we can help you create a specialist Will to ensure you, your child and your surrogate all have protection in place.

Surrogacy and parental orders

When considering or entering into a surrogacy arrangement, it’s important to understand that UK surrogacy law automatically recognises the person who gives birth (the surrogate) as the legal parent and they will be named on the birth certificate.

This is the case even if the baby was conceived using a donated egg and the surrogate is not biologically related to the child. If the surrogate is married or in a civil partnership, their spouse or civil partner will automatically be considered the other legal parent, unless it can be shown that their spouse or civil partner did not agree to the conception.

This means that at birth one or both of the intended parents will not be legally recognised as the child’s parent. To remedy this, an application for a parental order must be made to the Court.

A parental order secures the legal status of the intended parents under UK law and is open to single parents and same-sex couples, as well as heterosexual couples. However, to be granted, at least one of the intended parents must be biologically related to the child. The surrogate must consent to the parental order being granted and can only do so after the baby is six weeks old.

Once a parental order is granted, a new birth certificate will be issued with the names of the intended parents, revoking the surrogate and her spouse/civil partner’s status as parents.

For expert legal advice on parental orders, call 0800 422 0123 or get in touch online to arrange a consultation with a specialist surrogacy solicitor.

Expert international surrogacy lawyers

If you’re considering entering into an international arrangement, we can advise you on the legal process in the UK and help you understand the law in your chosen country. As the law varies between jurisdictions, it’s vital that everyone is clear on their legal rights and you’re certain you’ll be able to bring your child back to the UK.

If you have entered into an arrangement with an international surrogate and you’re named on a foreign birth certificate as the child’s parent, a UK parental order is still required. Without this, you will not be recognised as the legal parent for your child in the UK and will not have legal parental responsibility.

Our international surrogacy solicitors can help you with your parental order and ensure you’re compliant with UK law to make bringing your child home as smooth as possible.

Why choose our surrogacy solicitors?

  • Compassionate and pragmatic approach to your surrogacy situation
  • Highly rated by Chambers Guide and The Legal 500 for family law
  • Members of Resolution and fully committed to taking a non-confrontational approach
  • Legal experts across the firm to advise on any other matters that arise

Contact a surrogacy solicitor

Our surrogacy solicitors have assisted a number of intended parents on their journey to parenthood. If you’re intending to use surrogacy to start a family or are considering being a surrogate and want to discuss your situation, get in touch online or contact us directly at 0800 422 0123 to arrange a consultation.

Emily Finn and Chris Longbottom: Combined, they consistently demonstrate a real commitment and dedication to their clients. Coupled with the provision of sound advice, my experience is that their clients can rest assured that all that can be done to progress their cases has been done.

– Legal 500, 2022

Emily Finn consistently demonstrates ability beyond her years. Her client care and communication with counsel is first class.

– Legal 500, 2023

She is excellent, personable and great with clients.

– Chambers, 2023

Emily has a very calm and level-headed approach to each case which keeps all parties at ease. She is a safe pair of hands.

– Chambers, 2023

Surrogacy frequently asked questions

Who will be the legal parents when the child is born?

Under domestic law, the gestational mother who gives birth to the child is always the legal parent of the child upon birth and will be named on the birth certificate. This remains the case even if the surrogate is not genetically related to the child. Even if the child was conceived using your egg, your partner’s egg or a donated egg, the surrogate will still be the legal parent upon birth.

If the surrogate is married or in a civil partnership, their spouse/civil partner will automatically be considered the other legal parent (unless they didn’t consent to the conception). If the surrogate isn’t married or in a civil partnership, it may be possible for one of the intended parent(s) to be recognised as a legal parent upon the birth of the child.

For you to be officially recognised as the legal parents of the child, you must apply for a parental order. At least one of the intended parents must be genetically related to the child for the Court to grant the order. When an application for a parental order is successful, the intended parent(s) will be the legal parent(s) of the child and the surrogate’s status as a legal parent will be removed, along with all corresponding rights and responsibilities.

If I entered into a surrogacy arrangement overseas, will I still need to apply for a parental order upon returning to live in England or Wales?

Yes. Even if you have already been through parentage proceedings in the other jurisdiction and are named on a foreign birth certificate, you will still need to apply for a UK parental order upon returning to live in England or Wales.

Until the parental order is granted you will not be recognised as the legal parent for your child in England and Wales and will not have legal parental responsibility.

Is there a time limit for applying for a parental order?

Yes. The parental order application must be made within six months of the child’s birth. Furthermore, the surrogate must consent to the parental order being made, and they can only do so once the child is six weeks old at the earliest.

There have been cases in which the court has granted a parental order outside of the six-month time limit, but these are decided on a case-by-case basis.

Your key contact

Emily Finn

Associate

Manchester
Emily is a Solicitor in our Divorce and Family Law team, dealing with divorce and associated financial matters, nuptial and cohabitation agreements, private children matters including child relocation, and domestic violence injunctions.
View profile for Emily Finn >

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