Reasonable Expenses in Surrogacy – What Can a Surrogate Be Paid?

Understanding payments, expenses and the legal position in England and Wales

Questions about money can feel uncomfortable.

For intended parents and surrogates, discussing payments can be a complex and awkward part of the surrogacy process. People often worry about getting it wrong, misunderstanding the law or creating problems later when applying for a parental order.

These concerns are completely understandable.

The rules surrounding surrogacy payments are not very clear, and many people are uncertain about what can and cannot be paid. It is a legal requirement before a parental order is made for the court to be satisfied that nothing other than reasonable expenses has been paid. So it is important to get it right.

At WSP, we help intended parents and surrogates understand the legal framework around reasonable expenses so they can make informed decisions and avoid unnecessary surprises later. This is one of the most common areas requiring legal advice.

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 Are Reasonable Expenses?

In simple terms, reasonable expenses are costs incurred by a surrogate as a result of the surrogacy arrangement.

The purpose is to make sure that you have not created a commercial arrangement or that the surrogate has agreed to be carry a baby for financial profit. Instead, reasonable expenses are intended only to ensure that a surrogate is not left out of pocket because of the pregnancy and the commitments that come with it.

The challenge is that there is no single list that applies to every surrogacy arrangement. What is considered reasonable can depend on the circumstances of each case.

Why Do Reasonable Expenses Matter?

Many intended parents first encounter this issue when researching parental orders. This is because the court has to understand what payments have been made as part of the surrogacy arrangement before it can make a parental order. If it decides that the surrogate has been paid more than reasonable expenses, it cannot make a parental order.

Keeping clear records and understanding the position from the outset should make the legal process considerably smoother.

What Expenses Might Be Considered Reasonable?

Every arrangement is different, but examples frequently discussed include:

Travel Costs

Pregnancy often involves numerous appointments.

Travel expenses associated with:
• Medical appointments
• Fertility treatment
• Hospital visits
• Pregnancy-related healthcare

may form part of the overall expenses incurred during the surrogacy journey.

Maternity Clothing

Pregnancy can require significant changes to clothing. Where maternity clothing is purchased because of the pregnancy, this may form part of the expenses considered during the arrangement.

Medical Costs

Some surrogates incur healthcare-related costs as a result of the pregnancy. The specifics vary depending on individual circumstances.

Loss Of Earnings

Pregnancy, medical appointments and recovery following birth can sometimes affect a surrogate’s ability to work.
This is one of the areas most frequently discussed when considering expenses and future court applications. The precise circumstances matter, which is why advice tailored to the individual arrangement can be helpful.

Is There A Fixed Legal Limit?

No. One of the most common misconceptions is that there is a fixed legal amount that a surrogate can receive.

The legal position is more nuanced than that. The court will usually look at the circumstances of the arrangement as a whole, rather than applying a simple financial cap. This is one of the reasons detailed record-keeping and early advice can be valuable.

Why Good Record Keeping Matters

Good records can be a huge help during the court process.

Intended parents should keep evidence of:
• What was paid.
• When payments were made.
• Why payments were made.
• Supporting receipts and documentation where available.

Some intended parents may know exactly what payments were made and why, while others make payments through agencies or as lump sums with limited information available. These situations can create additional complexity during court proceedings and, ultimately, could result in the court saying that it cannot make a parental order.

How Do Reasonable Expenses Affect A Parental Order?

One of the court’s roles during a parental order application is to understand the circumstances surrounding the surrogacy arrangement.
Payments and expenses are matters the court must consider when determining whether a parental order should be granted.

This does not mean that every payment becomes problematic. However, it does mean that transparency and purpose is important. The court will want to understand how the arrangement operated and whether the payments can be properly explained and are reasonable.

For a full explanation of the legal process, see our guide to Parental Orders Explained.

International Surrogacy And Expenses

Questions about expenses often become more complicated when surrogacy takes place overseas. Different countries have different legal frameworks.

Some countries permit arrangements that look very different from those typically encountered in England and Wales. International surrogacy is a situation where payments may become more complex because overseas laws may permit broader types of payment. This can create additional questions when families later apply for a parental order in England and Wales and it could, ultimately, lead to a court saying that it cannot make a parental order. For this reason, obtaining advice before entering an international arrangement is often particularly valuable.

You can learn more in our guide to International Surrogacy and Returning to the UK.

What If Payments Have Already Been Made?

Many intended parents worry after discovering that payments have been structured differently than expected or that records are incomplete.

Examples could be:
• Lump-sum payments made.
• Agency-managed arrangements.
• International arrangements involving different legal systems.
• Situations where intended parents have limited information about the underlying payments.

If this sounds familiar, it does not necessarily mean that you wont be able to get a parental order or otherwise secure your legal parenthood. However, it is very important to obtain legal advice as early as possible so that any issues can be understood and addressed.

Common Myths About Reasonable Expenses in Surrogacy

“There Is A Fixed Amount That Can Be Paid”

No. The legal position is more complex than a simple financial cap. Each arrangement must be considered in its own context.

“The Court Never Looks At Payments”

Incorrect. Payments made during the surrogacy arrangement always form part of the court’s consideration during a parental order application.

“Expenses Only Matter In International Surrogacy”

No. Expenses are relevant in both domestic and international surrogacy arrangements.

“If Records Are Missing, A Parental Order Is Impossible”

Not necessarily. Every case is different. However, obtaining advice as soon as possible is important where questions arise.

Related Guides on Surrogacy from WSP Solicitors

You may also find these resources helpful:
• Parental Orders Explained
• International Surrogacy and Returning to the UK
• Surrogate Rights and Intended Parent Rights
• Surrogacy Agreements Explained
• Is Surrogacy Legal in the UK?

Speak To A Surrogacy Solicitor

Questions about expenses are common, and you’re certainly not alone. The legal framework surrounding surrogacy payments is not clear cut, particularly when international arrangements or unusual circumstances are involved.

Our role is to make things easier to understand.

We’ll explain the legal position in straightforward language, help you understand how expenses may affect your situation and provide practical advice tailored to your family’s circumstances.

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.