Surrogacy

The law concerning surrogacy is found in the Surrogacy Arrangements Act 1985.

In summary:

  • It is illegal to pay a surrogate in the UK except for their reasonable expenses.
  • Surrogacy contracts cannot be enforced in the UK even if you have a signed agreement and have paid the surrogates expenses.
  • If you use a surrogate they will be the legal mother of any child they carry regardless of the genetic makeup of that child.
  • Parenthood (all legal parental rights) can be transferred from the surrogate to you and your partner by parental order or adoption.
  • You and your partner may be eligible for adoption pay and leave and paternity pay and leave if you use a surrogate.

If you would like to know more about surrogacy and how to apply for a parental order please do not hesitate to contact us.