Child Law Solicitors
Becoming a parent through surrogacy is exciting. It can also feel overwhelming.
For many intended parents, surrogacy involves a whole new set of questions. What does the law say? When do you become your child’s legal parent? What happens after birth? What if you’re considering international surrogacy?
The answers are not always straightforward.
That’s why our specialist surrogacy and fertility lawyers are here to help.
At WSP, we provide clear legal advice and practical support before pregnancy, during pregnancy and after your child is born. We explain your options in plain English, help you understand the legal process, and guide you through the steps needed to secure your family’s future.
Whether you are an intended parent, a surrogate, a fertility professional or a legal referrer, you’ll find experienced, approachable support from a team that genuinely cares about helping families thrive.
Important: WSP provides legal advice and representation. We do not arrange surrogacy arrangements, negotiate surrogacy terms or facilitate matches between intended parents and surrogates.
Surrogacy is an arrangement where a person carries and gives birth to a child for another person or couple, known as the intended parent or intended parents.
In England and Wales, surrogacy is legal. However, the legal rules surrounding parenthood are often very different from what people expect.
Many intended parents are surprised to learn that they do not automatically become their child’s legal parents when the child is born, even if they are the child’s biological parents.
This is one of the reasons legal advice is so important.
Our role is to help you understand the law, prepare for the future and make sure the right legal steps are taken at the right time.
Good preparation can prevent uncertainty later.
Before a pregnancy begins, we can:
Many people come to us simply because they want confidence that they’re starting on the right footing. That’s often one of the most valuable conversations we have.
Pregnancy is an exciting time, but it’s also when future legal arrangements should begin to take shape.
We can:
Having a clear plan during pregnancy often makes the legal process after birth significantly smoother.
After your child is born, securing legal parenthood becomes the priority.
We can:
Once a parental order is granted, a new birth certificate can be issued showing the child’s legal parents.
A parental order is a court order specifically designed for children born through surrogacy.
It transfers legal parenthood from the surrogate (and, in some circumstances, their spouse) to the intended parent or parents.
For most families created through surrogacy, obtaining a parental order is the final legal step in becoming recognised as a child’s legal parent.
Applications are usually made after birth.
In most cases, the application should be submitted within six months of the child’s birth.
Every case is different, but the court will generally consider:
Throughout the process, the guiding principle is the child’s best interests.
No.
In England and Wales, surrogacy agreements are not legally enforceable.
That does not mean they are unhelpful.
A well-prepared agreement can help everyone discuss expectations before pregnancy, reduce misunderstandings and demonstrate what was intended if questions arise later.
Many people find that having these conversations at the outset strengthens relationships and creates greater clarity for everyone involved.
Surrogacy law balances the rights and responsibilities of several people.
That can sometimes create uncertainty.
We regularly advise on:
We believe honest conversations early in the process help avoid difficulties later.
When problems do arise, we provide practical, sensitive advice focused on finding solutions.
One of the most common concerns for intended parents is:
“What if our surrogate changes their mind?”
Most surrogacy journeys progress smoothly, particularly where everyone enters the arrangement with clear expectations and good support.
If a disagreement does arise, the law focuses on one question above all others:
Courts can consider a wide range of factors when making decisions about a child’s future.
We advise intended parents and surrogates on their options, help facilitate constructive discussions and, where necessary, represent clients in court proceedings.
International surrogacy can create additional legal, practical and administrative challenges.
Different countries have different laws. Being recognised as a parent overseas does not necessarily mean you are recognised as a legal parent in the UK.
If your child is born abroad, you may need advice on:
Planning early is essential.
Our team works alongside specialist immigration advisers where required to help families understand the legal position both overseas and in England and Wales.
Another area that often causes concern is payments made during a surrogacy arrangement.
The court will usually consider whether payments are limited to reasonable expenses.
These may include costs such as:
Where arrangements involve international surrogacy or more complex payment structures, obtaining early legal advice can make a significant difference.
Most intended parents will work with several professionals throughout their surrogacy journey.
These may include:
We help you understand the role each person plays, so there are no unnecessary surprises along the way.
Surrogacy law is about people, not paperwork.
Every family’s story is different. Every journey is personal.
At WSP Solicitors, we combine specialist legal knowledge with genuine compassion.
Clients tell us they value:
Our family lawyers understand that surrogacy is rarely just a legal process. It is often the culmination of years of hope, planning, treatment, disappointment and anticipation.
We never lose sight of that.
We are also committed to working in a disability-informed, neurodiversity-informed and trauma-informed way. If you need adjustments or support, we will always do our best to accommodate them.
If you’re considering surrogacy, already expecting a child through surrogacy, or need advice after your child has been born, we’d be happy to help.
Our role is not to overwhelm you with legal terminology. It’s to give you clarity, answer your questions and help you move forward with confidence.
A conversation with one of our specialist family lawyers can help you understand where you stand, what comes next and how the law applies to your family’s situation.
Get in touch with our team to discuss your circumstances.
Yes. Surrogacy is legal in England and Wales, although legal parenthood is transferred through a parental order after birth.
Yes. Single applicants can apply for parental orders if legal requirements are met.
No. Married couples, civil partners and many unmarried couples can pursue surrogacy and apply for parental orders.
In most parental order applications, yes.
Where that is not possible, alternative legal routes may be available.
Yes. However, additional legal and immigration considerations apply and should be addressed early.
If disagreements, consent issues or unexpected circumstances occur, legal advice can help identify the best route forward for everyone involved.
I have nothing but praise for all of the people I have dealt with over the years. Nothing has been too much trouble and I would have no hesitation in recommending them.P. Browne
A very thorough and professional company. Always found staff to be very approachable, helpful and very clear in their explanations of all options available to me. Would strongly recommend WSP.D. Maton
WSP is the one-stop superstore for all your legal requirements. It is staffed with friendly, professional and expert people who are a pleasure to deal with. As a long term user of the company I always recommend WSP to all of my friends based on my own happy experience.D. Wilkins
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