Essential Rules of Surrogacy UK Law for Intended Parents

Surrogacy UK law permits surrogacy arrangements, but these agreements are not legally enforceable — and that surprises a lot of people. Under the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008, intended parents and surrogates can enter into an arrangement, but no court will force either party to follow through. The woman who gives birth is always treated as the legal mother at first, even if she has no genetic link to the child. Intended parents must then apply for a parental order to become the child’s legal parents. With over 500 parental order applications filed annually in England and Wales, understanding surrogacy in the UK has never been more important.

CoParents.co.uk, a co-parenting and sperm donation platform active since 2008 with more than 150,000 members, helps intended parents explore every route to parenthood — including navigating surrogacy UK law.

What Does Surrogacy UK Law Actually Say?

Surrogacy UK law is built on two main pieces of legislation: the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008. Together, they set out how surrogacy works in England, Wales, and Scotland.

The key points are straightforward. Surrogacy is legal, but surrogacy arrangements are not enforceable contracts. No one — not the intended parents, not the surrogate — can be compelled to honour the agreement. The law also bans commercial surrogacy: surrogates may only receive reasonable expenses, covering items like medical costs, travel, maternity clothing, and lost earnings. Third parties cannot arrange surrogacy deals for profit.

These laws mean that trust and clear communication between everyone involved are absolutely essential. If you want a detailed breakdown, NGA Law’s guide to UK surrogacy law is a useful starting point.

Who Is the Legal Parent Under Surrogacy UK Law?

This is one of the most misunderstood areas. Under surrogacy UK law, the surrogate is always the legal mother at birth — regardless of whether she provided the egg. If the surrogate is married or in a civil partnership, her spouse or partner is usually recorded as the second legal parent too.

Intended parents have no automatic parental responsibility at birth. They must apply for a parental order through the family court to transfer legal parenthood from the surrogate (and her partner, if applicable) to themselves. This process typically takes 6 to 12 months, and the surrogate must give her formal consent — which cannot happen before the baby is six weeks old.

Without a parental order, intended parents cannot make medical, educational, or travel decisions for the child. That legal gap between birth and the court order is one of the biggest concerns families face under current surrogacy UK law.

How Do Parental Orders Work in Surrogacy?

A parental order is the legal mechanism that transfers parenthood from the surrogate to the intended parents. It is the only way to establish full legal parenthood after a surrogacy arrangement in the UK. Under surrogacy UK law, you must meet several conditions to qualify. At least one intended parent must be genetically related to the child. The child must be living with the applicants. At least one applicant must be domiciled in the UK, Channel Islands, or Isle of Man.

The application must be submitted within six months of the child’s birth using court Form C51. The court then appoints a Parental Order Reporter from Cafcass (or Cafcass Cymru in Wales) to assess the child’s welfare and verify the surrogate’s consent.

Once a parental order is granted, a new birth certificate is issued listing the intended parents. The original certificate is sealed but kept on record. This step is crucial for legal, medical, and educational purposes.

The GOV.UK surrogacy pathway guide walks through the entire process step by step.

What Types of Surrogacy Exist in the UK?

UK surrogacy comes in two forms:

• Traditional (straight) surrogacy: The surrogate uses her own egg, meaning she is the biological mother. Conception usually happens through artificial insemination.
• Gestational (host) surrogacy: An embryo created using eggs from the intended mother or a donor is transferred to the surrogate. She carries the pregnancy but has no genetic connection to the child.

Gestational surrogacy is more common in clinical settings because the genetic link to the intended parents simplifies some aspects of the parental order process. Both types are legal under surrogacy UK law, but both require a parental order after birth for the intended parents to gain legal rights.

If you are exploring surrogacy alongside other routes to parenthood, comparing surrogacy and co-parenting can help you weigh up the options.

What Are the Steps in the Surrogacy Process?

The surrogacy process in the UK follows a clear sequence:

1. Finding a surrogate: Most intended parents connect with surrogates through non-profit surrogacy organisations like Surrogacy UK or Brilliant Beginnings. Advertising for a surrogate is restricted under surrogacy UK law.
2. Agreeing terms: Everyone discusses expectations, medical procedures, and how expenses will be handled. These agreements are important but are not legally binding.
3. Medical screening and treatment: Health checks take place at a licensed fertility clinic. IVF and egg donation may be needed, depending on the type of surrogacy chosen.
4. Pregnancy and birth: The surrogate receives regular antenatal care. Intended parents are often involved but have no legal authority until after birth.
5. Applying for a parental order: After birth, intended parents apply to the family court. The process can take several months.

Throughout all of this, the surrogate can only receive reasonable expenses — paying anything beyond genuine costs is not permitted. For a detailed overview of how the HFEA regulates surrogacy treatments, check their dedicated page.

What Changes Has the Law Commission Proposed to Surrogacy UK Law?

The Law Commission of England and Wales, together with the Scottish Law Commission, published a major report in March 2023 recommending significant reforms. Their key proposal is a new pathway that would allow intended parents to become legal parents from birth — rather than waiting months for a parental order — as long as certain screening and safeguarding requirements are met.

The proposed reforms also include regulation through non-profit Regulated Surrogacy Organisations (RSOs), independent legal advice for all parties, and criminal record and medical screening checks. The surrogate would keep the right to withdraw consent within a defined period after birth.

However, in April 2025, the UK Government confirmed it cannot prioritise surrogacy reform at this time. That means the existing legal framework remains in place for the foreseeable future. You can read the full proposals at the Law Commission’s surrogacy project page.

How Does International Surrogacy Interact With UK Law?

When a child is born through surrogacy abroad, surrogacy UK law still applies to families living in the UK. The intended parents are not automatically recognised as legal parents, even if they have a birth certificate from another country.

Parents must apply for a parental order through a UK court — international cases are usually heard by a High Court judge. Before bringing the child home, families need to sort out immigration paperwork, and the child may require Leave Outside the Immigration Rules (LOTR) to enter the UK while the parental order process is underway.

Countries like the United States and Ukraine allow commercial surrogacy, but the UK does not recognise those overseas agreements. DNA tests and evidence of the intended parents’ connection to the child are often required. International surrogacy is significantly more complex than domestic arrangements under surrogacy UK law, and specialist legal guidance is strongly recommended.

For an overview of how current laws and future reforms interact with cross-border surrogacy, Tees Law’s analysis provides a helpful summary.

What Expenses Can a Surrogate Receive?

Under surrogacy UK law, surrogates cannot be paid a fee or salary. The law only allows reasonable expenses, which typically include medical treatment costs, maternity clothing, travel to clinic and hospital appointments, childcare costs during appointments, and loss of income directly caused by the pregnancy.

Intended parents should keep detailed records and receipts, because the court may review expense payments during the parental order hearing. Under surrogacy UK law, no parental order has ever been refused solely because of the level of payments made, but the court will scrutinise amounts carefully.

If you are weighing up the financial side of starting a family, it helps to understand all the routes to parenthood available in the UK — from surrogacy to co-parenting and donor conception.

Frequently Asked Questions

Can a surrogate keep the baby in the UK?

Yes. Under surrogacy UK law, the surrogate is the legal mother at birth. She can decide to keep the child, even if there is a written agreement. Intended parents only become the legal parents once a court grants a parental order — and that requires the surrogate’s consent.

Is surrogacy UK law the same in Scotland and Northern Ireland?

The core legislation applies across the UK, but court procedures differ. England and Wales share the same family court system, while Scotland has its own procedures. Northern Ireland follows similar principles but with separate courts. If you are arranging surrogacy across different parts of the UK, seek legal advice specific to that jurisdiction.

How much does surrogacy cost in the UK?

Since commercial surrogacy is banned, costs are limited to the surrogate’s reasonable expenses plus fertility treatment and legal fees. Typical expense payments to the surrogate range from £10,000 to £15,000, while IVF treatment at a private clinic can add another £5,000 to £15,000 per cycle. Legal costs for the parental order application vary but often fall between £3,000 and £10,000. The NHS does not cover the full surrogacy process, although it may fund some fertility treatments in certain cases.

Can single people use surrogacy in the UK?

Yes. Since 2019, single intended parents can apply for a parental order under surrogacy UK law. The applicant must be genetically related to the child, domiciled in the UK, and meet the other standard requirements.

Is there an age limit for surrogacy in the UK?

Surrogacy UK law does not set a specific upper age limit for intended parents or surrogates. However, licensed fertility clinics usually apply their own age guidelines for IVF treatment, often between 40 and 50, based on individual health assessments.

If you are thinking about surrogacy or co-parenting as a path to starting your family, join CoParents.co.uk for free and connect with others who share your goals.