Surrogacy Solicitors

Our surrogacy lawyers have a range of responsibilities. They will:

Explain the Legal Framework

Surrogacy is legal in the UK, but there are strict rules:

Only altruistic surrogacy is permitted (no commercial payments). Surrogacy agreements are not legally binding. The surrogate is the legal mother at birth, regardless of biology.

Our surrogacy solicitors will explain how the law applies to your situation and advise you on your rights and responsibilities.

2. Advise on Surrogacy Agreements

Although UK law doesn’t allow solicitors to draft surrogacy agreements for a fee, they can:

Review draft agreements provided by surrogacy organisations like Surrogacy UK. Advise on what should be included, such as: Birth arrangements Payment of reasonable expenses Consent for a parental order

This helps ensure all parties understand and agree on expectations before the pregnancy begins.

3. Secure Parental Orders

After the child is born, legal parenthood must be transferred from the surrogate to the intended parents through a Parental Order.

Our surrogacy solicitors will:

Prepare and file the application Ensure all legal requirements are met, including: Consent from the surrogate and her spouse (if applicable) Biological connection between child and at least one intended parent Application is made within 6 months of birth Represent you in court

4. Support International Surrogacy

Surrogacy laws vary significantly between countries. Our experienced international solicitors will:

Help you navigate foreign legal systems Work with overseas lawyers and agencies Ensure UK law is followed, even when foreign birth certificates name intended parents as legal parents Advise on immigration and nationality issues, such as: How to bring the child back to the UK

5. Coordinates with Other Professionals

Our surrogacy solicitors work closely with:

Fertility clinics Surrogacy agencies Immigration lawyers Social workers and local authorities

This ensures a joined-up approach and smooth process throughout.

6. Provide Reassurance and Support

Surrogacy is an emotional and complex journey. Our solicitors will:

Explain things clearly Keep you informed at every step Anticipate and resolve potential problems Offer compassionate advice

Surrogacy law is a highly specialised area and you should look for a lawyer with a proven track record in this field. Check for accreditations and recommendations from reputable surrogacy organisations.

It’s best to instruct a surrogacy lawyer as early as possible and ideally before any agreement is made with a surrogate. Early advice can help you understand your options and prepare for the legal steps involved, especially if your arrangement will take place overseas. If you’d like to discuss your situation or have questions about starting the process, please get in touch with us for an initial, no-obligation chat.

No. Under UK rules, solicitors are not allowed to draft surrogacy agreements.

What happens if the surrogate wants to keep the baby?

In UK law, a surrogate mother is considered the legal mother of the child at birth, regardless of whose egg is used. If she is married or in a civil partnership, her spouse or civil partner is usually recognised as the second legal parent – unless it’s shown they didn’t consent to the surrogacy.

This means that:

Surrogates retain full legal rights and parental responsibility until a parental order is granted. Surrogacy agreements are not legally enforceable in the UK – even if everyone has signed and agreed to the arrangement. A surrogate can change her mind about giving up the baby, even after birth.

Find out more about the landmark ruling that confirms the legal rights of surrogate mothers.

Not necessarily. Foreign birth certificates are not enough to establish legal parenthood in the UK. You must apply for a Parental Order to be legally recognised as the parent back home.

If getting a Parental Order isn’t possible, intended parents have other routes they can take. One option is to apply for an adoption order. Another possibility is a Child Arrangements Order, which allows the child to live with the intended parents and gives them parental responsibility, though not full legal parent status.

Osbornes Law is unique in that our alternative parenting team specialise not only in surrogacy, but also in adoption. We can walk you through the process, timeframe and cost of all the options so you can make an informed decision as to which route is right for you.