Surrogacy & Parental Orders for LGBTQ+ and international families

Building a family through surrogacy can be a positive and life-changing experience, but it also brings unique legal challenges, particularly for LGBTQ+ families and those with international arrangements. Establishing legal parenthood is not automatic in the UK, and careful legal guidance is often required.

Our surrogacy solicitors in London advise on UK surrogacy law, parental order applications and the steps needed to secure full legal parenthood for your child. We provide clear, practical advice to help you navigate the process with confidence.

We act for intended parents across London and the South East, including Walthamstow, East London and Central London, as well as international clients pursuing surrogacy arrangements abroad. Whether you are planning a surrogacy journey, have recently welcomed a child, or need urgent advice about legal parenthood, we are here to support you at every stage.

Every surrogacy journey is different, and the legal arrangements should reflect your family’s circumstances and your child’s long-term wellbeing.

Surrogacy Law in the UK

Who is the legal parent at birth?

Under UK law, the woman who carries and gives birth to the child is the legal mother at birth, regardless of any agreement in place. If the surrogate is married or in a civil partnership, their spouse is usually the second legal parent.

This means that intended parents do not automatically have legal parental rights, even where they are the child’s biological parents. A parental order is required to transfer legal parenthood to the intended parents.

We advise families at an early stage so that arrangements are understood from the outset and the correct legal steps are taken after birth.

Parental Orders

Applying for a parental order after surrogacy

A parental order is a court order which transfers legal parenthood from the surrogate to the intended parents.

To apply, certain legal criteria must usually be met, including:

• At least one intended parent must have a genetic link to the child
• The intended parents must be in a relationship (married, civil partners or long-term partners)
• The child must be living with them at the time of the application

The process typically involves:

• Preparing detailed statements
• Working with a parental order reporter appointed by the court
• Attending a final court hearing

Early advice can help avoid delays and ensure the process is handled efficiently from the outset.

Surrogacy for LGBTQ+ Families

Supporting LGBTQ+ and modern families

We have extensive experience advising LGBTQ+ intended parents, including same-sex couples, trans and non-binary individuals, and families created through donor conception and co-parenting arrangements.

UK parental orders recognise modern family structures and can grant full legal parenthood to both intended parents where the legal criteria are met.

We understand that every family is different and ensure that the legal process reflects your circumstances in a way that is clear, respectful and supportive.

International Surrogacy  

Bringing your child to the UK  

International surrogacy arrangements often involve additional legal and practical complexities, particularly in relation to immigration, nationality and travel.

We advise on the family law aspects of international surrogacy and work alongside our immigration team where specialist immigration advice is required.

We advise on:

• Entry clearance and visas for your child  
• DNA testing (where required)  
• UK passport applications  
• Recognition of parenthood across jurisdictions  

Practical steps following birth may include registering the birth overseas, obtaining travel documents for your child, and making arrangements to return to the UK safely.

Our combined experience in family law and immigration matters allows us to provide a coordinated approach, ensuring that your child can enter and remain in the UK lawfully and that your parental status is properly recognised in the UK.

For more information on immigration and nationality issues, please see our immigration law page.

Surrogacy Agreements and Expenses

Protecting your surrogacy arrangement

Surrogacy agreements are not legally enforceable in the UK, but carefully planning your arrangement can help reduce risk and uncertainty.

Only reasonable expenses can generally be paid to a surrogate. These may include:

• Pregnancy-related costs
• Maternity clothing
• Travel and medical expenses
• Loss of earnings

We advise on documenting payments and ensuring arrangements fall within what the court is likely to approve as part of a parental order application.

Early legal advice can help ensure that your surrogacy journey proceeds in a way that is legally compliant and well-structured from the outset.

Why Choose Our Surrogacy and Parental Order Solicitors?

Our team combines specialist knowledge of surrogacy law with practical experience of working with LGBTQ+ and international families.

Clients choose us because we offer:

• Specialist experience in UK and international surrogacy matters  
• Inclusive advice tailored to LGBTQ+ families  
• Access to our well-established immigration team for nationality and entry clearance issues  
• A holistic approach, ensuring that all legal aspects of your surrogacy journey are considered together  
• Clear explanations of complex legal issues in plain English  
• Over 20 years’ experience as a London law firm  

We understand the importance of this process for your family and provide calm, supportive guidance at every stage.

Talk to a Surrogacy Solicitor in London

If you need advice on surrogacy or applying for a parental order, contact our London team to discuss your situation in confidence.

Call 020 8175 5000 or contact us to book a consultation with a specialist surrogacy solicitor. We will help you understand your options and support you in establishing legal parenthood for your child.

Important

This page contains general legal information only and does not constitute legal advice. The law may change and its application will depend on the specific circumstances of your case. You should seek tailored advice from our qualified solicitors.