The Children team provides expert advice on the law relating to modern families, including LGBTQ+ families, fertility treatment, surrogacy and assisted reproduction. Our clients come from diverse backgrounds, and we approach every family’s circumstance as unique.

Surrogacy law is complex and continues to develop. It is therefore important to obtain specialist legal advice before embarking on a surrogacy arrangement, whether in the UK or overseas, and to continue taking advice at each stage of the process.

We advise on the legal implications of having a child through surrogacy and guide intended parents through the steps required by the court to establish secure, legally recognised parental rights. We also advise on the steps needed to ensure that a child born through surrogacy can lawfully enter and reside in the UK.

Surrogacy is lawful in the UK provided it is not commercial. Whether conception involves the surrogate’s own gametes or embryos created through IVF, the legal starting point is the same: the surrogate will be the child’s legal mother at birth and, if she is married, her spouse will usually be the child’s other legal parent. Legal parenthood transfers only when the court makes a parental order. Until that point, intended parents may not have parental responsibility to make certain decisions for the child, making early, careful advice essential.

International surrogacy legal experts

International surrogacy can add a further layer of complexity. Issues of immigration and nationality frequently arise, and parallel legal processes may be required in the country where the child is born. Stewarts works closely with specialist lawyers overseas to ensure that steps taken abroad align with the requirements for legal parenthood and parental responsibility in England and Wales.

The Foreign Office guidance for those considering surrogacy abroad can be found here

• Contact our Children Team