Surrogacy in the UK - What you need to know

Surrogacy is becoming a more visible and talked-about path to parenthood, but for many people, it’s still one of the least understood.

I sat down with two specialist fertility and surrogacy solicitors to unpack what surrogacy in the UK actually involves, what often surprises people, and why getting the right advice early can make all the difference.

If you’re considering surrogacy, whether as a couple, a solo parent, or somewhere in between, this guide will help you understand the legal realities, avoid common pitfalls, and move forward with confidence.

Table of Contents

Why More People Are Exploring Surrogacy

Surrogacy enquiries are rising in the UK. Some of this is increased visibility, including high-profile stories, but much of it reflects a deeper shift.

Surrogacy is often considered after a long, emotionally complex fertility journey, including:

Premature ovarian insufficiency or early menopause
Recurrent IVF failure
Medical conditions that make pregnancy unsafe
Same-sex couples or solo parents wanting to build a family

For most people, surrogacy isn’t a “first choice”, it’s a hopeful next step after loss, grief, or difficult decisions.

The Biggest Surprise: Who the Legal Parents Are at Birth

One of the most misunderstood aspects of UK surrogacy law is this:

In the UK, the surrogate is the legal mother at birth, regardless of genetics.

If the surrogate is married or in a civil partnership, their spouse is also treated as a legal parent, unless specific legal steps are taken.

That means:

Intended parents do not automatically have parental rights
They cannot make key decisions (medical care, passports, schooling)
They must apply for a Parental Order after the baby is born

This often comes as a shock, especially for people who assume that biology or intention automatically confers legal parenthood.

Are Surrogacy Agreements Legally Binding in the UK?

In short: no.

Even if:

You know the surrogate personally
You have everything written down
Everyone agrees at the outset

A surrogacy agreement in the UK is not legally enforceable.

This isn’t a loophole, it’s intentional. UK law prioritises:

The welfare of the child
Protection of the surrogate
Preventing exploitation or coercion

Because of this, solicitors are not allowed to draft or “enforce” surrogacy contracts in the UK.

What About Going Abroad for Surrogacy?

Some intended parents explore surrogacy in countries where:

Commercial surrogacy is legal
Agreements are legally binding
Pre-birth parentage orders exist

Common destinations include the USA and Canada.

However, and this is crucial, you will still need a UK Parental Order when you return home.

There have been real cases where:

Babies could not be placed with intended parents
Same-sex couples faced unexpected legal barriers
Immigration and parentage became complex after birth

International surrogacy can work, but only with careful UK-specific legal planning beforehand.

Why Early Legal Advice Matters (Even Before Pregnancy)

In the UK, the Parental Order process happens after birth, but preparation must happen before.

Intended parents will need to show the court:

How they found their surrogate
Why they chose a particular clinic or country
Full records of all payments made
Proof that only reasonable expenses were covered

Trying to gather this information after the baby arrives, while sleep-deprived and overwhelmed, can make an already emotional time much harder.

Early advice helps:

Reduce delays
Avoid refused parental orders
Protect everyone involved

Can Intended Parents Set “Rules” for a Surrogate?

This is a common question — and an important one.

You can discuss expectations (nutrition, supplements, lifestyle choices), but:

These agreements are not legally enforceable
They rely entirely on trust and communication

What is allowed is covering reasonable pregnancy-related expenses, such as:

Travel
Maternity clothing
Vitamins or supplements
Medical costs

Clear, respectful conversations early on are key.

Is Surrogacy Like Adoption?

There are similarities, but also key differences.

Unlike adoption:

There are no mandatory parenting assessments
No compulsory courses or home studies
Less formal scrutiny upfront

However, fertility clinics often provide:

Psychological support
Counselling
Ongoing guidance for all parties

How Do People Find a Surrogate in the UK?

Because commercial surrogacy is illegal in the UK:

There are no regulated matching agencies
Many people connect via forums or personal networks

Fertility clinics handle medical treatment (embryo transfer, IVF), but matching is usually done independently.

This makes professional guidance even more important.

Trusted Surrogacy Resources

If you’re starting to explore this path, these resources are widely respected:

Shaun Thomas (The Surrogacy Father) — education, coaching, and international insights
Donor Conception Network — exceptional support for donor-conceived families
Specialist fertility and surrogacy solicitors such as KJ Smith Solicitors

Final Thoughts: You Don’t Have to Navigate This Alone

Surrogacy can be a deeply hopeful chapter, but it sits at the intersection of:

Law
Medicine
Ethics
Emotion

Getting the right advice early isn’t about being cautious, it’s about protecting everyone involved and giving your future family the smoothest possible start.

If surrogacy is something you’re considering, start with information, support, and professional guidance before you take the next step.