Surrogacy Laws in the UK: Complete Legal Guide for Intended Parents and Surrogates

Surrogacy laws in the UK permit surrogacy arrangements but make no provision for enforcing them — and that catches many intended parents and surrogates by surprise. Under the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008, both parties can enter into an agreement, but no court will force either party to follow through with it.

The woman who gives birth is always treated as the legal mother at first, even if she has no genetic connection to the child. Intended parents must then apply for a parental order to become the child’s legal parents. Around 500 parental order applications are filed each year in England and Wales, making a clear understanding of surrogacy laws essential for anyone considering this route to parenthood.

On CoParents.co.uk, a co-parenting and sperm donation platform with over 150,000 members since 2008, intended parents and potential surrogates can connect in a supportive and transparent environment. This guide explains everything you need to know about surrogacy laws in the UK, from the types of surrogacy to the parental order process and beyond.

What Do Surrogacy Laws in the UK Actually Say?

Surrogacy laws in the UK are built on two main pieces of legislation: the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008. Together, they establish how surrogacy works in England, Wales, Scotland and Northern Ireland. The key points are straightforward but often misunderstood.

Surrogacy is legal in the UK, but surrogacy agreements are not enforceable contracts. This means no one — not the intended parents, not the surrogate — can be compelled to honour the agreement by a court. Surrogacy laws also ban commercial surrogacy. Surrogates may only receive reasonable expenses, covering items such as medical costs, travel, maternity clothing and lost earnings. Third parties cannot arrange surrogacy deals for profit, though non-profit organisations like Surrogacy UK and Brilliant Beginnings are permitted to match intended parents with surrogates.

These rules mean that trust and clear communication between everyone involved are absolutely essential. Unlike in some other countries, surrogacy laws in the UK do not permit commercial payments or binding contracts. For a detailed overview of surrogacy in England and Wales, the official Government guidance provides a comprehensive step-by-step pathway.

Who Is the Legal Parent Under Surrogacy Laws?

This is one of the most misunderstood areas of surrogacy laws. Under UK legislation, the surrogate is always the legal mother at birth — regardless of whether she provided the egg or has any genetic link to the child. If the surrogate is married or in a civil partnership, her spouse or partner is usually recorded as the second legal parent too, even if they have no biological connection to the baby.

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 laws in the UK. Our guide to surrogacy UK law for intended parents covers this process in full detail.

What Types of Surrogacy Exist Under Surrogacy Laws?

Surrogacy laws in the UK recognise two distinct types of surrogacy, each with different medical, legal and emotional implications. Traditional surrogacy (sometimes called straight or partial surrogacy) is when the surrogate uses her own eggs, fertilised with the intended father’s sperm or donor sperm through artificial insemination. This can be done at home or at a licensed clinic. In this arrangement, the surrogate is the biological mother of the child, which can add emotional and legal complexity.

Gestational surrogacy (also called host surrogacy) is the more common form in the UK. It involves IVF treatment where embryos are created using the intended parents’ eggs and sperm, or donor gametes, and transferred to the surrogate. The surrogate carries the pregnancy but has no genetic connection to the baby. This method can only be performed at a licensed fertility clinic regulated by the Human Fertilisation and Embryology Authority (HFEA). The HFEA reports that 0.4% of all IVF treatments in the UK in 2022 were surrogacy cycles.

Regardless of which type you choose, the surrogate is always the legal mother at birth under surrogacy laws, and a parental order is required after birth for the intended parents to gain legal rights.

What Are the Steps in the Surrogacy Process?

The surrogacy process in the UK follows a clear sequence laid out in Government guidance on surrogacy laws. First, intended parents typically connect with surrogates through one of the four main non-profit surrogacy organisations: Surrogacy UK, Brilliant Beginnings, COTS, or My Surrogacy Journey. Advertising for a surrogate is restricted, so these organisations play a vital role in matching families.

Once matched, everyone discusses expectations, medical procedures and how expenses will be handled. These agreements are important for clarity, but they are not legally binding under surrogacy laws. Medical screening and treatment then take place at a licensed fertility clinic. Depending on the type of surrogacy chosen, artificial insemination or IVF and embryo transfer may be required.

During pregnancy and birth, the surrogate receives regular antenatal care. Intended parents are often involved throughout but have no legal authority until after birth. After the baby is born, intended parents apply to the family court for a parental order. The process can take several months and requires the surrogate’s full consent.

Throughout all of this, the surrogate can only receive reasonable expenses. Paying anything beyond genuine costs related to the pregnancy is not permitted.

How Do Parental Orders Work Under Surrogacy Laws?

A parental order is the only legal mechanism under surrogacy laws that transfers parenthood from the surrogate to the intended parents. It is the cornerstone of the UK surrogacy system. To qualify, several conditions must be met. At least one intended parent must be genetically related to the child. The child must be living with the intended parents. At least one intended parent 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. The surrogate cannot give consent until the baby is at least six weeks old, and her consent must be freely given.

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. Our article on donor conception UK law explains how parental orders fit within the wider framework of family law in the UK.

What Expenses Can a Surrogate Receive?

Surrogates cannot be paid a fee or salary under surrogacy laws. The legislation only allows reasonable expenses. There is no legal definition of what constitutes reasonable, but family courts have established clear practice over the years. Typical expenses include medical treatment costs, maternity clothing, travel to and from clinic and hospital appointments, childcare costs during medical 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. Case law shows that courts typically approve payments ranging from £10,000 to £15,000 for UK surrogacy arrangements, though some have approved higher amounts in exceptional circumstances. No parental order has ever been refused solely because of the level of payments made, but the court will scrutinise amounts carefully to ensure they fall within the spirit of the legislation.

Beyond surrogate expenses, the total cost of a surrogacy arrangement in the UK also includes IVF and fertility clinic fees (£10,000 to £20,000), legal fees for the parental order application (£3,000 to £5,000), and the court fee of £232. If you are considering surrogacy or comparing different routes to parenthood, it helps to understand all the options available. Our guide to LGBTQ+ parenthood and conceiving in a same-sex couple covers the full range of choices.

What Happens if Surrogacy Laws Are Not Followed?

Advertising for a surrogate or as a surrogate is a criminal offence under surrogacy laws, as is negotiating surrogacy agreements for commercial gain. Only non-profit organisations with specific exemptions can lawfully facilitate matches between intended parents and surrogates. If intended parents or surrogates enter into a commercial agreement, or if third parties profit from arranging surrogacy, they can face prosecution.

If a parental order is not obtained, the surrogate remains the legal mother of the child. This means she retains parental responsibility and can make decisions about the child’s upbringing, education and medical care. The intended parents would have no legal standing, even if they have been caring for the child since birth. In some cases, intended parents who do not meet the criteria for a parental order may need to pursue adoption instead, which is a longer and more complex process.

In cases where the surrogate changes her mind and decides to keep the baby, the agreement is not enforceable, and the surrogate has the legal right to keep the child. This is why trust, clear communication and thorough preparation are so essential throughout the surrogacy journey.

Frequently Asked Questions

Is commercial surrogacy legal in the UK?

No. Surrogacy laws prohibit commercial surrogacy. Surrogates can only receive reasonable expenses to cover genuine costs related to the pregnancy. Paying a surrogate a fee beyond expenses is illegal. Intended parents and surrogates who breach this rule can face legal consequences, and the court will scrutinise payments during the parental order process.

Can a surrogate keep the baby in the UK?

Yes. The surrogate is the legal mother at birth and has the right to keep the child, even if there is a written agreement and even if she is not genetically related to the baby. Intended parents only become the legal parents once a court grants a parental order, which requires the surrogate’s consent. If the surrogate refuses to consent, the parental order cannot be granted.

What is the difference between traditional and gestational surrogacy under UK law?

Traditional surrogacy involves the surrogate using her own eggs, so she is the biological mother of the child. Gestational surrogacy uses IVF to create embryos with the intended parents’ or donors’ eggs and sperm, so the surrogate has no genetic link. Both types are legal under surrogacy laws, and both require a parental order to transfer legal parenthood to the intended parents.

Can single people use surrogacy in the UK?

Yes. Since 2019, single intended parents can apply for a parental order. The applicant must be genetically related to the child, domiciled in the UK, and meet the other standard requirements. This change expanded access to surrogacy for single men and women who want to become parents.

How much does surrogacy cost in the UK?

Total costs for a UK surrogacy arrangement typically range from £40,000 to £60,000. This includes surrogate expenses (£10,000 to £15,000), IVF and clinic fees (£10,000 to £20,000), legal fees (£3,000 to £5,000), and the court application fee. Because surrogacy laws ban commercial payments, these costs are significantly lower than in countries where surrogates can be paid.

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. Whether you are looking for a surrogate, a sperm donor or a co-parent, our community has been supporting families since 2008.