Surrogacy Law Solicitors

Clear, compassionate legal advice for every stage of your surrogacy journey

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.

What Is Surrogacy?

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.

How We Help with Surrogacy

Before Pregnancy

Good preparation can prevent uncertainty later.

Before a pregnancy begins, we can:

• Explain how surrogacy law works in England and Wales.
• Help intended parents and surrogates understand their rights and responsibilities.
• Discuss the different types of surrogacy arrangements.
• Explain what surrogacy agreements can and cannot achieve.
• Outline the legal requirements for obtaining a parental order.
• Help you understand how courts approach surrogacy cases.

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.

During Pregnancy

Pregnancy is an exciting time, but it’s also when future legal arrangements should begin to take shape.

We can:

• Explain what information and evidence will be needed later.
• Help you prepare for a parental order application.
• Answer questions about timelines and court requirements.
• Support intended parents and surrogates if concerns arise.
• Work alongside fertility, medical and immigration professionals where required.

Having a clear plan during pregnancy often makes the legal process after birth significantly smoother.

After Birth

After your child is born, securing legal parenthood becomes the priority.

We can:

• Prepare and submit your parental order application.
• Represent you throughout court proceedings.
• Advise on consent requirements.
• Liaise with Cafcass and the Parental Order Reporter.
• Help resolve unexpected complications.
• Advise on alternatives if a parental order is not available.

Once a parental order is granted, a new birth certificate can be issued showing the child’s legal parents.

Understanding Parental Orders

What Is a Parental Order?

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.

When Should You Apply?

Applications cannot be made until after birth.

The application should be submitted within six months of the child’s birth once the child is in the UK (if they were born abroad).

What Does the Court Consider?

Every case is different, but the court will generally consider:

• The child’s welfare.
• Who are the child’s biological parents?
• Who is asking to be the child’s legal parent?
• The child’s identity.
• The surrogate’s consent.
• Payments made to the surrogate.
• Whether there is a surrogacy agreement or other evidence about what everyone intended.

Throughout the process, the guiding principle is always the child’s best interests.

Are Surrogacy Agreements Legally Binding?

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.

Rights of Intended Parents and Surrogates

Surrogacy law balances the rights and responsibilities of several people.

That can sometimes create uncertainty.

We regularly advise on:

• Legal parenthood.
• Parental responsibility.
• Surrogate rights.
• Consent requirements.
• Contact arrangements.
• Court applications.
• Child welfare considerations.

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.

What Happens If Circumstances Change?

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: What is in the child’s best interests?

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 and Bringing Your Child Home to the UK

International surrogacy can create additional legal, practical and administrative challenges.

Different countries have different laws. Being recognised as a parent overseas does not mean you are recognised as a legal parent in the UK if the child has been born through surrogacy.

If your child is born abroad, you may need advice on:

• Passports.
• Nationality.
• Immigration requirements.
• Overseas documentation.
• Translations and notarisation.
• UK parental order applications.

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.

Payments and Reasonable Expenses

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:

• Travel.
• Maternity clothing.
• Medical expenses.
• Loss of earnings.

Where arrangements involve international surrogacy or more complex payment structures, obtaining early legal advice can make a significant difference.

Who You’ll Meet During the Process

Most intended parents will work with several professionals throughout their surrogacy journey.

These may include:

• Your solicitor.
• Fertility professionals.
• A Parental Order Reporter from Cafcass.
• Immigration advisers where relevant.
• The family court.

We help you understand the role each person plays, so there are no unnecessary surprises along the way.

Why Choose WSP Solicitors?

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:

• Clear advice without legal jargon.
• A responsive and approachable team.
• Practical solutions to complex problems.
• Honest guidance from the start.
• Sensitive support during emotional moments.

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.

Speak to a Surrogacy Solicitor

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 specialist team here to discuss your surrogacy journey and understand your next steps with confidence. Alternatively you can call us on 01453 847200 or request a callback using the form on this page.