For individuals who experience difficulty in having children, surrogacy can be a route to becoming a parent. Whilst legal in the UK, paying a fee to a surrogate is not. You are only able to pay the surrogates 'reasonable expenses'. A surrogacy Agreement is not enforceable in the UK. Intended parents need to apply for a Parental Order to be recognised legally as the child’s parents and extinguish the surrogate’s parental rights. Whilst a single person can choose to use a surrogate they cannot apply for a Parental Order and must seek advice to make informed decisions regarding parental and legal rights at the outset. A draft remedial order has been sent to Parliament to allow single mothers and fathers to apply for a Parental Order and change the law. If passed will allow single mothers and fathers to apply for secure legal status for their families. It is hoped that the law will change sometime in 2018.
We are only able to advise you on Surrogacy on the law based in England and Wales and assisting you in obtaining a Parental Order. We are not able to take part in any negotiations in surrogacy arrangements and cannot review a surrogacy contract if you choose to enter into one. It is extremely important that you are aware of the legal implications of Surrogacy prior to embarking on the journey so that you and your intended child are legally protected as much as possible.