For couples who cannot conceive naturally or are unable to carry a child for medical reasons, surrogacy is one of the recommended alternative avenues to parenthood. This process involves asking a woman to carry and bear your child and sign over the parental rights to you after the birth.
Naturally, there are legal considerations for surrogacy arrangements which are easily complicated by individual situations. If you’re considering using a surrogate to have a child, discover the factors you must consider before going down this path to parenthood.
- Understanding surrogacy in the UK
Surrogacy is legal in the UK, whether you’re single or in a partnership. However, no matter your situation you cannot enforce a surrogacy agreement by law. This means that you cannot be sure of the outcome of the process, even if you propose the surrogacy arrangement in writing.
In the eyes of the law, the surrogate is the child’s legal parent. If they are married or in a civil partnership, their partner is automatically considered the second parent unless they actively don’t give permission.
- Making a surrogacy agreement
Although not legally binding, making an official surrogacy agreement is highly advisable. In the event of a custody battle, the courts will decide based on the child’s best interests, and it helps to have official documentation in place.
You should enlist local family law solicitors for general advice and recommendations on what should be included in the agreement. They will also be able to help navigate potential challenges during the process, and any conflicts of interest that occur after the birth.

- Considering donor’s rights
The sperm donor will have no legal rights to the child as long as the donation was made through recognised Human Fertilisation and Embryology Authority (HFEA) clinics. If you use sperm from an unlicensed clinic, the donor will be the legal father of the child.
Even if the couple are using their sperm and egg (host surrogacy), they will not have automatic parental rights. The person who gives birth is recognised as the mother in the eyes of the law.
- Applying for parental orders
To seek custody of a child born by surrogacy, you or your partner must be genetically related to the child. This means that at least one of you must have been a donor. You must reside permanently in the UK, Channel Islands or Isle of Man and have the child living with you.
You must apply to become the parent(s) by filling in and submitting the official form to a family court within six months of the child’s birth. Partners applying must be married, civil partners or committed to living together long-term.