Parental order after UK surrogacy
Creating a family through a UK surrogacy arrangement is an increasingly popular family building option.
However, surrogacy is a legally restricted practice in the UK. Surrogacy agreements are not legally binding. It is illegal to advertise for a surrogate mother or to advertise as a prospective surrogate mother. There is also a public policy restriction against commercial surrogacy in the UK.
Surrogacy is legally and emotionally demanding. It creates a diverse range of legal and wider issues that require understanding and proactive management from the outset.
Legislation in the UK treats a surrogate mother and her spouse or civil partner as the child’s legal parents at birth. Subject to eligibility, English law expects intended parent/s to obtain a parental order in the English Family Court to reassign legal parental status from the surrogate and her spouse or civil partner.
We have preeminent legal expertise in UK surrogacy and we operate at the forefront of law and policy in this rapidly evolving area. Our founder, Louisa Ghevaert, has successfully litigated many of the leading and landmark UK and international surrogacy cases and shaped UK surrogacy laws.
We provide experienced bespoke legal advice, support and solutions that are tailored to your individual situation and needs in respect of a UK surrogacy arrangement, including:
- Eligibility for a parental order.
- Process for a parental order in the English Family Court.
- Other family orders in respect of a surrogate born child (including a child arrangements order, wardship order, adoption).
- Managing and resolving a surrogacy dispute.
- Financial provision for a surrogate born child.
We can provide bespoke one-off legal advice, representation in legal proceedings and flexible ‘legal mentoring’ for those undertaking self-representation in court.
Click here to find out more about our specialist legal services in the event of a surrogacy dispute.
Click here to read our UK surrogacy law: frequently asked questions.
Click here to read more about our leading work and cases in the field of surrogacy law.