What is the law in the UK with surrogacy?

Surrogacy has become an increasingly popular way for individuals and couples to grow their families, but it is also a complex legal and emotional process. Whether you’re considering surrogacy as Intended Parents or as a Surrogate, understanding the legal, ethical, and practical aspects is essential.

Surrogacy is an arrangement where a woman (the Surrogate) carries and gives birth to a child on behalf of another person or couple (the Intended Parents). There are two main types of surrogacy:

1. Traditional Surrogacy – The Surrogate’s own egg is used, making her the biological mother. This type of surrogacy is less common and raises more legal and emotional complexities.

2. Gestational Surrogacy – The Surrogate has no genetic connection to the child, as the embryo is created using the Intended Parents’ or donors’ gametes via IVF. This is the more widely accepted form of surrogacy.

Surrogacy can be an option for:

• Couples struggling with infertility

• Same-sex couples (often male couples using an egg donor and a surrogate)

• Single individuals wanting to become parents

• Women who are unable to carry a pregnancy due to medical reasons

Surrogacy regulations vary significantly across different countries. In the UK, the surrogate must be over the age of 21 if they already have children and if they do not then they must be 25 years old. There is no maximum age limit for surrogates.

These are not legally binding or enforceable in the UK but can be useful to set out and manage everyone’s expectations.

Surrogacy laws vary significantly across different countries and jurisdictions. In the UK, surrogacy is legal but comes with strict regulations. Key points include:

• Altruistic Surrogacy – UK law does not permit commercial surrogacy, meaning surrogates cannot be paid beyond reasonable expenses.

• Parental Orders – The Surrogate is the legal mother at birth, even if she is not genetically related to the child. The Intended Parents must apply for a Parental Order to transfer legal parenthood. Parental orders cannot be made in the UK until six weeks after the child has been born. The Surrogate and their spouse/civil partner must give consent freely and unconditionally to the Parental Order being made. Once a Parental Order is made it severs all legal ties between the Surrogate and their spouse/civil partner.

• International Surrogacy – Many UK couples seek surrogacy abroad where commercial arrangements are allowed, but bringing the child back to the UK involves legal hurdles, including immigration and parentage recognition.