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Surrogacy and assisted reproduction

When surrogacy or assisted reproduction is part of your family journey, our priority is to provide you with certainty and clarity about what needs to be done from a legal perspective so that you can concentrate on what matters most.

Individuals and couples often face unexpected legal obstacles when choosing surrogacy or assisted reproduction, especially where there are international implications. It's not just about ensuring that your status as legal parent is secure; there may be immigration and nationality issues to deal with, employment rights to consider, or domestic and international estate planning implications which need to be thought-through.

Being well informed about the legal implications of your individual circumstances and the choices you are making will smooth your pathway to parenthood. Whilst the legal landscape around surrogacy remains complex in many jurisdictions, we have the expertise and experience to ensure that wherever your live and work, and whatever your circumstances, you can have legal certainty in parenthood and protection for your new family.

Each country has its own laws on surrogacy and legal parenthood:


In the UK 

Surrogacy is legal, but surrogacy agreements cannot be enforced and it is illegal to pay a surrogate, save for their reasonable expenses. In most cases the surrogate will be the legal mother until you get a parental order from the family court, and this is the case even if you are using your own eggs and/or sperm. If the surrogate is married or in a civil partnership, then her spouse or civil partner will automatically be the second legal parent until the parental order is granted (unless that spouse/partner did not consent to the surrogacy). It is possible to nominate a second legal parent (which could be the intended mother/s or father/s) but this needs to be done before the pregnancy, so it is important to think ahead.
 

Overseas

The Foreign and Commonwealth Office has published guidance for those considering surrogacy treatment abroad. Even if you are named as legal parent/s on any foreign birth certificate, you will still need to apply for a UK parental order because any overseas surrogacy orders will not automatically be recognised here. If you hold a nationality in another country, then it will be important to find out the status of any children born following surrogacy in that country. This is especially the case for same sex couples (and especially parents without genetic connections with their child) in jurisdictions where same sex relationships are not recognised. Our colleagues in the US, Hong Kong and Singapore are experts on the surrogacy law and provisions in those jurisdictions.

Whatever your circumstances and the outcome you're looking for, we are able to adapt to each family's unique situation to provide expert advice, tailored to your needs.

Our team

Suzanne Todd

Suzanne Todd

Partner | London

Suzanne Todd

Partner | London

Divorce and family

Adele Pledger

Adele Pledger

Partner | London

Adele Pledger

Partner | London

Divorce and family

Alessia Paoletto

Alessia Paoletto

Partner | London

Alessia Paoletto

Partner | London

Private client and tax

Tracy Evlogidis

Tracy Evlogidis

Partner | London

Tracy Evlogidis

Partner | London

Immigration

Libby Payne

Libby Payne

Partner | London

Libby Payne

Partner | London

Employment

Nicolette Bostock

Nicolette Bostock

Partner | London

Nicolette Bostock

Partner | London

Immigration

Thomas Kurland

Thomas Kurland

Senior Associate | London

Thomas Kurland

Senior Associate | London

Dispute Resolution (Family)

Jonathan  Lyness

Jonathan Lyness

Associate | London

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