Surrogacy & legal parenthood — the parental order route
REVIEWED BY: Sean McNamara on 2026-08-28
The counter-intuitive rule
In UK surrogacy, the surrogate (and her spouse, if she has one) are the legal parents at birth — regardless of genetics. Intended parents have no status until a court grants a parental order (Human Fertilisation and Embryology Act 2008, s.54). Until then, they cannot make decisions for their own child.
The parental order — requirements
1. Application within 6 months of the birth (no extension — this deadline is strict) 2. Genetic link: at least one intended parent must be the biological parent (except in certain domestic surrogacy situations post-2019 reforms for some couples) 3. Couples must be married, civil partners or living as partners in an enduring relationship; single applicants now allowed 4. The surrogate consents freely, unconditionally and with full understanding — at least 6 weeks after the birth 5. No payment beyond reasonable expenses — the court retrospectively authorises payments, including commercial arrangements abroad in practice (it nearly always authorises, but must review)
The process in practice
- The child usually lives with the intended parents from birth (birth mother signs a temporary care agreement for the hospital)
- Apply to the Family Division (High Court); a Cafcass officer reports on the child's welfare and the arrangements
- Hearing is short; the order transfers PR fully and extinguishes the surrogate's status
- New birth certificate issued naming the intended parents
Altruistic vs commercial surrogacy
Only altruistic surrogacy is legal in the UK (reasonable expenses only: loss of earnings capped, medical, travel). Advertising for a surrogate commercially or paying agencies to match (UK) is illegal — though many UK parents use overseas agencies lawfully under their own jurisdictions, then seek retrospective authorisation on return.
Where to get help
- Surrogacy UK and COTS — support organisations
- Fertility clinics — counselling is a licence requirement before treatment
- Specialist surrogacy solicitors for the order (see our finding-a-solicitor page)
Official links
- https://www.gov.uk/become-a-parent-surrogacy
- https://www.hfea.gov.uk
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HFEA or gov.uk.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.