Are You Considering Surrogacy?

23rd September 2021


by Daniel Sims, Solicitor, Family Law Department

Surrogacy is no longer just for celebrities such as Elton John and is now an option to help all types of family, in circumstances where there are perhaps, medical issues or same-sex parents. Research by the University of Kent and My Surrogacy Journey has shown that the number of families using surrogacy has almost quadrupled since 2011.

British law on surrogacy is not yet as progressive as American or Ukrainian law, but the Government has set this down to be reviewed for 2022.

British parents should note that, at present, it is not possible to advertise or pay for surrogacy services ‘commercially’, though they can pay reasonable medical and travel expenses for the surrogate.

The key point for British parents to be aware of is that the surrogate birth mother will be deemed in law to be the parent of the child while the surrogate will have the legal rights and obligations of ‘Parental Responsibility’. In order to address this, the intended parents will need to make an application to the Court within six months, for a Parental Order to transfer legal parentage from the surrogate to themselves.

This is a complicated and emotional journey, and it is strongly advised that parents research the law and options, and take legal advice. Fraser Dawbarns has a team of lawyers with experience of Child cases and contact directly or telephone any of our offices for more information.


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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.

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