What is surrogacy?
Surrogacy is a process by which a child is carried through pregnancy by a woman with the intention that, at birth, the child and parental responsibility for the child will be transferred to another person/couple, known as the intended parent(s).
Either a couple or a single person can agree to have a child by surrogacy.
If you are using a surrogate to start a family, you will need to undergo fertility treatment with your surrogate.
Our Surrogacy Lawyers explain who is considered the legal parent at birth and how the intended parents can obtain legal parenthood and parental responsibility, provided they meet certain conditions.
What is the difference between legal parent and parental responsibility?
The meaning of legal parent is the specific identity and legal status of a child's parents.
Parental responsibility means all the rights, duties, powers, responsibilities and authority that a parent of a child has concerning the child and their property.
When a parent/someone else has parental responsibility, they can make the day-to-day decisions regarding the child and more significant decisions about the child's accommodation, education, or medical treatment.
In natural conception cases, it is usual for the biological parents to be legal parents and have parental responsibility. However, the situation differs in surrogacy cases, as discussed below.
Who is the legal parent of a surrogate child?
At birth, the surrogate mother will be the legal mother of the child, regardless of the presence of any genetic connection. The legal parentage of the surrogate mother will remain until any court order alters the position.
If the surrogate is married, her husband will also be treated as the legal father (unless the court is satisfied that he did not consent to the arrangement).
If the surrogate is unmarried, the intended father genetically related to the child will be treated as the legal father.
As such, this may not reflect the intentions of both the surrogate and the intended parent(s). A formal application to the court will be required to be named as the legal parent.
How do I become the legal parent of a surrogate child?
After the birth of the surrogate child, the intended parent(s) will need to make a special court application to obtain parental rights, known as an application for Parental Order. The court can only transfer legal parenthood and parental responsibility to the intended parent(s), making a Parental Order under section 54 of the Human Fertilisation and Embryology Act 2008 (HFEA).
A Parental Order will transform the identity of the surrogate child and will determine the applicant(s) of the Parental Order as the child's legal parent(s). Any legal links to other parents will be extinguished, reflecting the intentions of all the parties involved in surrogacy.
It is important to note, however, that under section 54 HFEA, a surrogacy using both donor eggs and sperm does not qualify for an application for a Parental Order.
Therefore, if both intended parents (or the single independent parent) are not genetically related to the child, then the only way to become the child's legal parent is by way of adoption.
In any other case, where at least one intended parent (or both) is genetically related to the child, then they can apply to the court for a Parental Order, provided the following conditions are also satisfied:
- The child must be living with the intended parent(s).
- At least one intended parent(s) must be domiciled in the UK, the Channel Islands or the Isle of Man.
- No money or other benefit must have been given or received other than for reasonable expenses unless the court authorises such payment.
Parental Orders
Timescales to apply for a Parental Order
It is necessary to apply for a Parental order within six months of the child's birth.
The surrogate mother and her husband are required to consent to the Order in writing, but they can only provide this consent six weeks after the child is born.
Applying for a Parental Order
The process typically includes two court hearings and the involvement of a special Parental Order Reporter from Cafcass (Children and Family Court Advisory and Support Service). The reporter will meet with both the intended parents and the surrogate parents and then make a recommendation to the court.
Besides applying for a Parental Order (and an Adoption Order for non-genetically related intended parent(s)), there is no alternative method of obtaining legal rights for children born by surrogacy in the UK.
Commercial surrogacy arrangements are not legally enforceable.
A commercial surrogacy arrangement includes giving or receiving any money or other benefit for or in consideration of the making of the Parental Order, any agreement required from the surrogate mother or any person who is a parent of the child but not one of the intended parent(s), the handing over of the child to the intended parent(s) and also includes the making of the arrangements with a view to the making of the Parental Order.
Our Guide to Surrogacy
Contact Our Surrogacy Lawyers
It is very important to get legal advice early so that court applications can be drafted in advance and ready to submit as soon as possible.
Obtaining legal advice will also ensure compliance with the current surrogacy legislation and ensure the correct and best procedure is followed.
Contact our Surrogacy Lawyers on:
01619414000
Latest Myerson Family Law News
Myerson Magazine Autumn 2026 Issue
Welcome to the latest edition of Myerson Magazine, where we share practical legal advice, expert insights and news from across Myerson Solicitors. In this issue, we cover some of the important legal considerations that arise at different stages of life, from protecting family wealth and planning for the next generation to understanding your...
Read Newsletter
Myerson Solicitors Strengthens Chambers UK Rankings with Six New Recognitions in 2027 Guide
Leading independent law firm Myerson Solicitors has secured six new rankings in the Chambers and Partners UK Guide 2027, further strengthening its reputation for legal excellence and reflecting a sustained period of growth and success for the firm.
Read News
11
From Conflict to Collaboration with Marcie Shaoul
How can professionals better support separated parents to move away from conflict and towards a more constructive co-parenting relationship? The Myerson Family Law team is delighted to welcome Marcie Shaoul , founder of The Co-Parenting Method and one of the UK’s leading voices on constructive co-parenting following separation, for an engaging...
View Event
Do Grandparents Have Rights to See Their Grandchildren?
Grandparents often play a significant role in a child's life, providing emotional support and stability and, in some cases, being the child's primary caregiver. Official statistics published by the Office for National Statistics in 2021, together with more recent estimates from the Family Rights Group , suggest that around 160,000 children in...
Read Blog
Wedding Law Reform: Why the Proposed Changes Matter for Couples
The law governing weddings in England and Wales has remained largely rooted in legislation dating back to the nineteenth century. However, significant reforms may now be on the horizon. In July 2026, the government launched its consultation “ Tying the Knot: Reforming Weddings Law in England and Wales ”, proposing the most substantial overhaul...
Read Blog
The Remarriage Trap: What Every Divorced Person Should Know Before Saying “I Do” Again
For many, a second marriage is a true new beginning, a chance to improve with hindsight. Second marriages are far from uncommon. According to the Office for National Statistics (ONS) , around one in three opposite-sex marriages in England and Wales involve at least one person who has been married before. With thousands of divorced people...
Read Blog
Nichola Bright
Partner and Head of Family
Nichola has over 16 years of experience acting as a Family solicitor. Nichola has specialist expertise in divorce and high net-worth financial settlements, separation, co-habitation, pre-nuptial agreements, complex disputes regarding children, fertility law and surrogacy law.
About Nichola Bright