Surrogacy and Adoption Solicitors

How we can help with your adoption or surrogacy

We advise on all aspects of surrogacy and adoption, including:

• Advising intended parents on the legal position before a surrogacy arrangement begins, including what agreements can and cannot achieve.

• Explaining the Parental Order process and what you will need to do to become your child’s legal parents after the birth.

• Preparing and supporting you through a Parental Order application to the family court.

• Advising on surrogacy arrangements involving donors, including the legal parenthood implications.

• Advising on what adoption means legally, including how it permanently transfers parental responsibility.

• Advising on other options where full adoption may not be right for your family, such as special guardianship.

Why Choose Purcell Solicitors?

Surrogacy law in England and Wales is complicated. When a child is born, the surrogate is the legal mother, no matter the genetics, and intended parents do not have automatic legal status. Getting a Parental Order, which permanently transfers legal parenthood, means applying to the court and can take several months. Knowing the process from the beginning and getting good legal advice early on makes everything go more smoothly.

Our core family law team is made up of:

• Pauline Purcell, Managing Director, Family Solicitor, Mediator, Collaborative Lawyer and Family Arbitrator, with over 30 years of experience.

• Mandi Austin, Director, Family Law Solicitor, a member of Resolution and an accredited specialist on the Law Society Family Law Panel, with over 25 years of experience in family law as a qualified solicitor.

• Lisa Buckridge, Director, Family Law Solicitor, Collaborative Lawyer, Family Mediation Council-accredited Mediator, and fully accredited in Child Inclusive Mediation, with over 20 years of experience in family law.

• Haidee French, Family Law Solicitor, a Member of Resolution and an accredited specialist on the Law Society Family Law Panel, with over 12 years of experience in family law.

• Stephanie Dodman, Family Law Solicitor, member of Resolution.

• Chantelle Pusey, Trainee Solicitor.

Get in touch today to discuss your situation in complete confidence by calling us on 01908 693000 or filling out our contact form.

Frequently Asked Questions

Is surrogacy legal in England and Wales?

Yes, surrogacy is legal, but surrogacy agreements cannot be enforced as contracts. The surrogate is the child’s legal mother at birth, and the intended parents have no automatic legal parental status. To become the child’s legal parents, they must apply to the Family Court for a Parental Order after the birth. Legal advice before and after the birth is essential for this reason.

What is a Parental Order?

A Parental Order is a court order that permanently transfers legal parenthood from the surrogate to the intended parents. A new birth certificate is issued, and the surrogate’s legal connection to the child ends. The application must be made within six months of the birth, and the surrogate must give her consent freely, no earlier than six weeks after delivery.

Who can apply for a Parental Order?

You must be over 18, at least one of you must have a genetic connection to the child (you can apply as a couple or a single person), and at least one of you must be domiciled in the UK. You and the child must be living together at the time of the application. We will advise you on your eligibility to apply.

Can we pay our surrogate?

Commercial surrogacy, where a surrogate receives payment beyond reasonable expenses, is not permitted in England and Wales. The courts have discretion to authorise payments that go beyond straightforward expenses, and this is considered as part of the Parental Order application. We will advise you on what is appropriate in your specific circumstances.

How long does a Parental Order application take?

The process typically takes between six and twelve months from application to the final order. The court appoints a Parental Order Reporter, usually from Cafcass, who assesses the circumstances and the welfare of the child. Starting the application promptly after the birth helps keep things on track.

What is the adoption process?

Adoption in England and Wales is arranged through a local authority or voluntary adoption agency, which assesses your suitability and matches you with a child. Once a placement is made, you apply to the court for an Adoption Order. The process involves social worker assessments, background checks, and court hearings, and typically takes many months.

Can I adopt my partner’s child?

Step-parent adoption is possible if you are over 21 and have lived with the child for at least six months. You will need to give your local authority at least three months’ notice before applying, and a social worker will prepare a report for the court. The other birth parent’s consent is usually required, though the court can dispense with it in certain circumstances.

How much does it cost to get legal advice on adoption or surrogacy?

The overall cost will depend on factors such as the complexity of your arrangement and the solicitor handling your case. You can find more information about our pricing on our pricing page.

Get in Touch

If you are planning a surrogacy, waiting for your child’s birth, or starting the adoption process, contact us to discuss your situation and how we can help on 01908 693000 or by filling out our contact form.