Is Surrogacy Legal in the UK? Laws and Agreements Explained

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Is Surrogacy Legal in the UK?

Surrogacy is a way for people who can’t carry a pregnancy themselves to become parents with the help of a surrogate—someone who carries and gives birth to a child on their behalf. In the UK, surrogacy is legal, but it’s tightly regulated, and the legal framework differs significantly from other countries.

Whether you're considering surrogacy as intended parents or as a surrogate, it's essential to understand the legal responsibilities, limitations, and procedures involved.

Is Surrogacy Legal in the UK?

Yes, surrogacy is legal in the UK. However, only altruistic surrogacy is permitted. This means:

  • Surrogates cannot be paid for carrying a child (other than for reasonable expenses)

  • It is illegal to advertise for surrogates or for surrogates to advertise their services

  • Commercial surrogacy, where a surrogate is paid a fee beyond expenses, is banned under UK law

The key legislation governing surrogacy includes:

  • The Surrogacy Arrangements Act 1985

  • The Human Fertilisation and Embryology Act 2008

  • The Children Act 1989

These laws define the legal process of surrogacy, the rights of those involved, and the steps needed to secure legal parenthood.

Surrogacy Agreements: Are They Legally Binding?

In the UK, surrogacy agreements are not legally enforceable. Even if both parties sign a detailed contract, a surrogate cannot be forced to hand over the child, and the intended parents cannot be compelled to take the child.

While it's strongly recommended to create a written agreement that outlines:

  • The surrogate’s role

  • Medical decisions

  • Expenses

  • Handover procedures

…the court retains ultimate discretion. Trust, communication, and shared values are critical.

Payments for Surrogacy

Under UK law, intended parents may only cover the surrogate’s “reasonable expenses”, which typically include:

  • Travel to appointments

  • Maternity clothes

  • Loss of earnings (if applicable)

  • Medical costs not covered by the NHS

Paying a surrogate beyond this—such as a set fee—is not permitted. If a case goes to court (e.g. for a parental order), any payments made will be scrutinised.

Surrogacy Agencies and Matching

Although commercial agencies are banned, there are non-profit surrogacy organisations in the UK that help match intended parents with surrogates. These include:

  • Surrogacy UK

  • COTS (Childlessness Overcome Through Surrogacy)

  • Brilliant Beginnings

These organisations offer support, advice, and matching services while staying within legal boundaries.

It is illegal to advertise for surrogates or to offer surrogacy services for profit—including in newspapers, online platforms, or through third parties. This makes finding a surrogate more complex and slower than in countries with commercial systems.

Fertility Clinics and Surrogacy Treatment

All fertility treatment in the UK must be carried out in clinics licensed by the Human Fertilisation and Embryology Authority (HFEA).

There are two types of surrogacy:

  1. Gestational (Host) Surrogacy – The surrogate has no genetic link to the child. The embryo is created using the intended parents' egg/sperm (or donors) and transferred to the surrogate.

  2. Traditional (Straight) Surrogacy – The surrogate uses her own egg, making her the child’s biological mother. Fertilisation is typically via IUI or IVF.

Fertility clinics provide the necessary screening, counselling, legal guidance, and treatment for all parties involved. Counselling is a legal requirement to ensure that everyone understands the implications and responsibilities of surrogacy.

Birth Registration and Legal Parenthood

By law, the woman who gives birth is the legal mother, regardless of biology. If she is married or in a civil partnership, her spouse is the second legal parent, unless they did not consent to the treatment.

After the birth:

  • The surrogate's name (and possibly her partner’s) will go on the initial birth certificate

  • The intended parents must apply for a Parental Order through the family court to become the legal parents

Once granted, a new birth certificate is issued naming the intended parents, and the surrogate (and her partner, if applicable) relinquish all legal rights and responsibilities.

Parental orders can only be made:

  • If one of the intended parents is genetically related to the child

  • The application is made within 6 months of birth

  • The surrogate freely consents, at least 6 weeks after the child is born

How Far Surrogacy Has Come – And Where It’s Going

Surrogacy in the UK has evolved from a legally grey, stigmatised option to a mainstream family-building route, supported by clinics, legal systems, and non-profit organisations. Public understanding is growing, and more people—heterosexual couples, LGBTQ+ families, and single parents—are turning to surrogacy.

In 2023, the Law Commission proposed reforms that could:

  • Make surrogacy agreements more recognised by law

  • Allow intended parents to be the legal parents from birth, subject to safeguards

  • Create a more structured and transparent system for matching and support

These proposals reflect the growing demand for ethical surrogacy options and better legal protection for all parties involved.

In Summary:

  • Surrogacy is legal in the UK, but only on an altruistic basis

  • Agreements are not legally binding, though highly recommended

  • Payments are limited to reasonable expenses

  • Advertising for surrogates or running a commercial surrogacy agency is illegal

  • Licensed clinics must carry out all fertility treatment

  • After birth, parental orders are required to transfer legal parenthood

  • The UK is moving towards modernising surrogacy law, aiming for greater clarity and support

Surrogacy in the UK has made major progress—and with legal reform on the horizon, the future may see a more flexible, ethical, and inclusive system that reflects the needs of modern families.