Surrogacy: legal rights of parents and surrogates

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1. Overview

Surrogacy is legal in the UK, but if you make a surrogacy agreement it cannot be enforced by the law.

If you use a surrogate, they will be the child鈥檚 legal parent at birth.

If the surrogate is married or in a civil partnership, their spouse or civil partner will be the child鈥檚 second parent at birth, unless they did not give their permission.

Legal parenthood can be transferred by parental order or adoption after the child is born.

If there is disagreement about who the child鈥檚 legal parents should be, the courts will make a decision based on the best interests of the child.

Surrogacy agreements

The intended parents and surrogate can record how they want the arrangement to work in a surrogacy agreement.

Surrogacy agreements are not enforceable by UK law, even if you have a signed document with your surrogate and have paid their expenses.

You cannot pay a surrogate in the UK, except for their reasonable expenses.

Donor鈥檚 rights

If you use donated sperm or eggs with your surrogate, read about the rights of your donor.

Read more about surrogacy and the legal process.

2. Become the child鈥檚 legal parent

You must apply for a parental order or adoption if you want to become the legal parent of the child.

Parental orders

You can apply for a parental order with a partner or on your own.

Apply with a partner

One of you must be genetically related to the child - in other words, be the egg or sperm donor.

You must be one of the following:

  • married
  • civil partners
  • living as partners

You must also:

  • have the child living with you
  • reside permanently in either the UK, Channel Islands or Isle of Man

You must apply within 6 months of the child鈥檚 birth.

Apply as an individual

You must be genetically related to the child - in other words, be the egg or sperm donor.

You must also:

  • have the child living with you
  • reside permanently in either the UK, Channel Islands or Isle of Man

You can apply for a child of any age if you apply before 4 July 2019. From 4 July 2019 you must apply within 6 months of the child鈥檚 birth.

How to apply in England or Wales

You must fill in a 鈥�C51 application form for a parental order鈥� and take or send it to a family court.

You do not have to use your local family court, but you鈥檒l need to explain why if you do not.

You鈥檒l need to provide the child鈥檚 full birth certificate and will also be charged a court fee of 拢255.

The court will then set a date for the hearing and issue you with a 鈥楥52 acknowledgement form鈥� that you must give to the child鈥檚 legal parent, in other words, your surrogate.

The surrogate and anyone else who鈥檚 a parent of the child must agree to the parental order by filling in form A101A.

How to apply in Scotland or Northern Ireland

The process is different if you live in Scotland or Northern Ireland.

In Scotland, contact the or .

In Northern Ireland, contact the .

Adoption

If neither you or your partner are related to the child, adoption is the only way you can become the child鈥檚 legal parent.

3. Children born outside the UK

If your surrogate gives birth abroad, you can only apply for a parental order if you and your partner are living in the UK.

If the child is not a UK or EU national, they will need a visa to enter the UK during this process.

Using a surrogate abroad can be complicated because different countries have different rules. You may want to get legal advice or contact for more information.

You can also read about returning to the UK with your child.

4. Pay and leave

You and your partner may be eligible for adoption pay and leave and paternity pay and leave if you use a surrogate.

If you鈥檙e not eligible for paid leave, you may be able to take parental leave or annual leave.

Surrogates

Every pregnant employee has the right to 52 weeks鈥� maternity leave and to return to their job after this.

What a surrogate does after the child is born does not affect their right to maternity leave.