Menu

There are a variety of options to build a family through surrogacy including:

  • Straight surrogacy arrangement.
  • Gestational surrogacy arrangement.
  • UK altruistic surrogacy arrangement.
  • Overseas commercial surrogacy arrangement.

Surrogacy raises a number of legal and practical issues. There is no international harmonisation of surrogacy law and legislation in the UK creates complex legal issues.

Our preeminent specialist legal expertise is tailored to your personal situation, needs and wishes. We are able to deliver innovative legal options and solutions because we operate at the forefront of this rapidly evolving area of law, policy and practice.

How we can help

Our legal services include:

  • Initial legal advice
  • Legal packages (terms and conditions apply)
  • Bespoke legal advice tailored to your situation, needs and wishes
  • Legal support and representation in court proceedings

Package One

UK surrogacy arrangement – legal review

This provides initial expert legal advice for people undertaking UK surrogacy. It:

  • Provides bespoke legal advice on UK surrogacy law (including legal parentage, parental responsibility, a child’s upbringing and legal and practical implications arising).

Package Two

International surrogacy - legal review

This provides initial expert legal advice for people undertaking international surrogacy. It:

  • Provides legal advice on UK surrogacy law and its international application (including legal parentage, parental responsibility, a child’s upbringing and legal and practical implications arising).

Bespoke legal services

We provide expert tailored legal advice and representation in relation to legal proceedings in the English Family Court, including:

For more information about our other bespoke specialist fertility and family law services see below.

Surrogacy case law

Louisa Ghevaert has dealt with many of the leading surrogacy cases in the UK and helped shape surrogacy law and policy in the UK, including:

XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832, where for the first time the Court of Appeal awarded damages for the costs of fertility treatment, donor eggs and commercial surrogacy in California for a woman rendered infertile and unable to carry a pregnancy following a delay in detecting cancer in smear tests and biopsies. Louisa Ghevaert gave expert evidence in the case, which featured in The Telegraph 19 December 2018 and The Times, The Telegraph, The Mail Online and The Mirror on 27 January 2019.

AB v CD, EF, GH & IL [2018] EWHC 1590 (Fam), representing an intended mother in international contested assisted reproduction and modern family law proceedings in the High Court concerning 2 surrogate born children (Indian surrogacy). This case marks a legal first in the treatment of blended families in the UK following assisted reproduction, divorce, re-marriage, serious allegations of domestic violence and abuse as well as the legal status and identity of two surrogate born children, their biological, intended and social parents and arrangements for the children’s care and upbringing.

XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB), being the first legal case in the UK in which the High Court awarded damages to a woman for altruistic UK surrogacy and fertility treatment following a delay in detecting cancer in smear tests and biopsies. This case marks the cross-section of fertility, family and medical negligence law. It highlights the importance of fertility, surrogacy and family law aspects when medical negligence renders a woman infertile and unable to carry a pregnancy. Louisa Ghevaert gave expert evidence in this case.

In JP v LP & Ors [2014] EWHC 595 (Fam), acting for the intended father in a high profile complex UK surrogacy dispute case following marriage breakdown and divorce. This case established for the first time a legal framework for cases where the legal criteria for a parental order cannot be met, including wardship, and featured in The Telegraph, BBC News and Mail Online (6 March 2014).

In Re C [2013] EWHC 2408 (Fam), obtaining a parental order for intended parents who conceived a child through a Californian (USA) commercial surrogacy arrangement. This case redefines the English Court’s approach to the authorisation of commercial payments in view of the UK public policy restriction against commercial surrogacy.

In Re IJ (a Child) [2011] EWHC 921, obtaining a parental order for British parents whose surrogate born child was born stateless and parentless in Ukraine. The case highlights the legal difficulties associated with foreign surrogacy and the importance of expert legal advice.

In Re L (a minor) [2010] EWHC 3146 (Fam), obtaining a parental order for British parents who conceived a child with a US surrogate mother (state of Illinois). The case marks a legal watershed ruling that the welfare of the child is decisive over the public policy ban on commercial surrogacy in the UK except in the clearest cases of abuse of public policy and featured in The Telegraph (8 December 2010).

In Re X and Y (foreign surrogacy) [2008] EWHC 3030 (Fam), being the first case in UK legal history to test the law for British parents conceiving through an international commercial surrogacy arrangement and which involved complex and groundbreaking legal issues, featured in BioNews (January 2009).

In the News:

Law Commission: reforming surrogacy law – (July/August 2019 edition of Resolution’s The Review Magazine).

Anything but child’s play: surrogacy and thorny issues of identity, parenthood and status in modern families (Family Law, 29 August 2018).

You can read more here.

If you require legal assistance or wish to discuss surrogacy law in the UK contact us

 enquiries@louisaghevaertassociates.co.uk

 +44 (0) 20 7965 8399

In the News

Father and toddler

Twitter updates

Follow Louisa on Twitter for latest industry updates

Read More
Family playing football on beach

Our latest news

Read our news on fertility & modern family law

Read More
Woman playing with Baby

Our blog

Louisa discusses her opinion on different topics

Read More