Surrogacy – A City Law Firm

As leading fertility solicitors working in this sector , for over a decade, we can offer all the support & guidance , you need , throughout your journey.

We know that undertaking a Surrogacy journey can be a daunting & emotional process. There are so many options, questions you will have and navigating through these is confusing . As such, we strongly advise clients to do their research, meet those that have undertaken the journey before and importantly seek advice ,as early on as possible, to help create a comprehensive surrogacy plan and budget accordingly.

Choosing which jurisdiction to start your surrogacy arrangements , may be your first consideration , in your exciting journey. This will then lead on to:

Finding the surrogate;
Choosing your advisors and clinic;
If choosing a surrogate based overseas then getting early immigration advice is essential;
Managing expectations and setting a realistic budget for expenses, legal costs and, where applicable, flights and insurance policies; and
Agreeing terms which are carefully documented between you and your surrogate.

This is a simplistic overview of the process , as a general guide only.

We have helped numerous intended parents and indeed surrogates on their surrogacy journey, so we understand the importance of being prepared and informed right at the start. We also know that you need to trust your advisors, have us readily available and have transparency regarding costs throughout. Hence we offer, where possible, a fixed fee bundle of services, detailed at the onset.

It is essential to understand that regardless of the location of the surrogate, UK or overseas, intended parents returning to reside in the UK with their child will still need a UK Parental Order to secure legal parenthood.

Hopefully all will go to plan , but you should also rest assure that if things go wrong, we have experience in stepping in and securing favourable outcomes; whether the issues be related to intended parents separating, surrogates making unreasonable demands or mismanaged programmes by the agents or medical complications. Sadly, we have experienced many scenarios, but we have successfully navigated these to the clients’ satisfaction.

For common questions about UK surrogacy, please see our advice below. For overseas jurisdictions please do read our applicable pages for more information.

I have found a surrogate, do I need a formal agreement?

If you proceed without a surrogacy agreement, known as an informal arrangement, you as the donor or the intended parent can be in a vulnerable position. The likely scenarios that can arise giving justification to a formal process can include: the surrogate deciding to keep the baby herself; refusing to give you contact; playing an active role in the child’s upbringing even though she agreed otherwise etc. A formal arrangement sets out all the agreed terms before anything has been done. Although this is not binding or legally enforceable, it will clearly set out your intentions and the family courts are showing some sympathy to these arrangements. Solicitors are not able to draft or negotiate these arrangements for you.

Once the baby is born you will have six months to apply for a Parental Order. When the Parental Order is granted, a new birth certificate will then be issued showing the two intended parents rather than the surrogate mother and you will both acquire all the rights and responsibilities for the child.

What if we use a surrogate abroad?

The Human Fertilisation and Embryology Act permits couples to have an arrangement with a surrogate mother overseas and it does permit you to acquire parental rights recognised in the UK. However, if you pay the surrogate more than reasonable expenses then you can expect the court to scrutinise your application to ensure no abuse of public policy takes place, before they can grant you the Parental Order.

Am I allowed to pay the surrogate mother?

You are permitted to pay “expenses reasonably incurred”, such as compensation for time off work, medical bills and living or care expenses. Anything that can be seen as simply a transactional fee can cause you issues at court in obtaining parental rights. However, recent High Court case law has challenged this and stated that the welfare of the child should take precedence before refusing a Parental Order because of what has been paid.

As a gay father can my civil partner/husband have parental rights?

If you both follow the due process for a Parental Order and apply together, your civil partner/ husband can be recorded on the birth certificate as the other parent and will acquire full parental rights. If done correctly and within 6 months of the baby’s birth, the certificate is reissued with these details.

Can I have a surrogacy arrangement if I am single?

Since January 2019 it is possible for single people to apply for a Parental Order. Also, those separated can utilise recent ground-breaking caselaw, achieved by this firm, that if IPs do separate during the application process, meaning that the child is not physically living in the same house as both applicants at the time of the order, an order can still be achieved in certain circumstances.

Is it vital that we register within 6 months of the birth?

The six month time limit has recently been reviewed by the President of the Family Division. While reiterating that statute provided a 6 month bar to ensure people made swift applications, where there is a very good reason then there may be scope to apply outside the time. However, it remains the best position to take all possible steps to apply within the six month time frame to avoid having to complicate your case and rely on the goodwill and case law to protect the intended parent’s rights.

Can I protect my surrogate child in my Will?

It is very important that as intended parents you update your Wills in case anything goes wrong during the surrogacy arrangements. You should cover the payment of expenses required for the surrogate and appoint guardians in the event of your death. If you can agree this, the surrogate should have a Will appointing you as the intended parents as the baby’s guardian. We would also suggest you consider updating life insurance policies.

I am not based in London, can you still help me?

Yes, we assist families in all parts of the UK and not just London. Although we always love to meet our clients in person, this is not necessary and we can communicate with you on the phone, over Skype and other virtual platforms. We have a range of experience in conducting matters in this way and are fully geared up to provide you with the best possible service, wherever you are based.

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We are surrogacy , fertility lawyers covering the City of London, Central London, Tower Hamlets, Islington, Hackney, Richmond up Thames, Kensington & Chelsea, Hammersmith & Fulham, Westminster, Camden, Harrow, Haringey, Southwark, Lambeth, Croydon, Bromley, Bexley, Havering, Redbridge, Waltham Forest, Enfield, Barnet, Hillingdon, Ealing, Hounslow, Greenwich, Lewisham, Wandsworth, Merton, Sutton, Kingston upon Thames, Barking & Dagenham, Newham and Brent. International surrogacy in the USA, US, California , New York, Canada , Ukraine

Also we have and do handle surrogacy outside of London: Surrogacy lawyers for Wales; Cardiff & Swansea and surrounding areas. Surrogacy legal experts in Leeds, York , Manchester, Bristol, Chester, Cheshire, and Birmingham.

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