Surrogacy & Fertility

At BBS Law we are committed to assisting parents choosing surrogacy to expand their families to become legal parents of their child and navigating them through this complex area of law.

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Surrogacy & Fertility Legal Services

At BBS Law we are committed to assisting parents choosing surrogacy to expand their families to become legal parents of their child and navigating them through this complex area of law.

Surrogacy is an increasingly common method which intended parents use to expand their families. However the law surrounding this area is complex particularly where international elements and specialist legal advice will need to be obtained from the outset to ensure that the intended parents are legally recognised as legal parents either by obtaining a parental order or adoption.

Frequently Asked Questions

Is surrogacy legally binding?

In short, no. Surrogacy agreements are not legally binding and so are not enforceable by UK law.

Is the surrogate mother the legal mother in the UK?

Yes particularly if the surrogate mother gives birth in the UK. If the surrogate is married or in a civil partnership, their spouse will be the child’s second parent at birth unless they did not give their permission. In most international surrogacy arrangements, it is the gestational mother (birth mother) who is the legal mother

How can I become the legal parent of the child in the UK?

You will have to apply for a parental order, either on your own or with your partner but one of you must be genetically related to the child, i.e., the egg or sperm donor. This must be done within 6 months of the child’s birth, have the child living with you and permanently reside in the UK, Channel Islands or Isle of Man.

How can I become the legal parent if I am not related to the child in the UK?

In this circumstance then adoption is the only way you will be able to become a legal parent.

What if my surrogate gave birth abroad, how can I become the legal parent?

This is a complex area of law because different countries have different rules so you will need to get specialist legal advice both in the UK and the intended country of surrogacy.

What types of surrogacy is there?

Traditional or straight surrogacy – this happens when the surrogate uses her own eggs and she is the biological mother of the child

Gestational or host surrogacy – this happens when the embryo is transferred to the surrogate, and she is not the biological mother. Instead, the embryo is created with the intended parents’ egg or egg donor.

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