Surrogacy Solicitors: Helping You Grow Your Family with Confidence

The journey to parenthood through surrogacy can be an emotional and complex process. At HM & Co. Solicitors, we understand the unique challenges this path entails and are here to help you navigate safe and ethical surrogacy arrangements, both in the UK and overseas.

With surrogacy law being intricate in the UK, it’s essential to have expert legal guidance to ensure that every aspect of the process is handled correctly and smoothly.

What is Surrogacy?

Surrogacy involves a woman, known as the surrogate, carrying and giving birth to a child on behalf of another person or couple. There are two main types of surrogacy arrangements:

1. Traditional Surrogacy

  • The surrogate is artificially inseminated with the intended father’s or donor’s sperm.
  • In this arrangement, the surrogate donates her egg and is biologically related to the child.

2. Gestational Surrogacy

  • The surrogate is implanted with an embryo via IVF, meaning she is not biologically related to the child.
  • Often, the intended parents’ sperm and egg are used, ensuring the child is biologically theirs.
  • In cases where donor sperm or eggs are required, additional legal considerations apply, particularly when applying for a parental order.

Why Consider Surrogacy?

Surrogacy is a life-changing option for many individuals and couples who face challenges in becoming parents. Reasons for considering surrogacy include:

  • Infertility or Medical Issues: Conditions such as low sperm count, pelvic inflammatory disease, or endometriosis can make natural conception difficult or unsafe.
  • Same-Sex Couples: Surrogacy offers male same-sex couples the opportunity to have a child who is biologically related to one or both partners.
  • Desire for a Biological Connection: For individuals or couples who want a biological link to their child, surrogacy can be a preferred alternative to adoption.
  • Shorter Process Compared to Adoption: Surrogacy can be less time-consuming than the adoption process, making it an appealing option for many families.

The Role of Surrogacy Solicitors

Our expert surrogacy team at HM & Co. Solicitors is dedicated to guiding you through the complexities of the surrogacy process. We are here to:

  • Provide Legal Clarity: Explain the legal framework surrounding surrogacy in the UK and any associated international considerations.
  • Draft Necessary Documents: Ensure all agreements, consents, and other documentation are prepared and legally compliant.
  • Navigate Parental Orders: Assist with transferring legal parenthood after the child’s birth, a crucial step in UK surrogacy arrangements.
  • Offer Support Throughout: Be by your side, offering guidance and reassurance as you move through each stage of your surrogacy journey.

Why Choose HM & Co. Solicitors?

At HM & Co. Solicitors, we take pride in our compassionate and professional approach to surrogacy cases. Our experienced team will handle your case with the utmost care, ensuring a smooth and stress-free process.

Contact HM & Co. Solicitors Today

If you’re considering surrogacy and need expert legal advice, get in touch with HM & Co. Solicitors today.

📧 Email: info@hmsolicitorsltd.com
📞 Phone: 0207 112 8180

We’re here to support you in building the family you’ve always dreamed of.

At HM & Co. Solicitors, we understand that growing your family through alternative routes can be both exciting and complex. With the UK’s largest team of family lawyers, we are here to support you every step of the way.

Our specialist fertility lawyers provide expert and impartial advice across a range of matters, including fertility treatment, surrogacy, donor conception, adoption, LGBTQ+ parenting, and co-parenting.

Expert Fertility Law Advice

Significant advancements in reproductive science and technology, along with evolving UK fertility laws, have opened up more opportunities than ever for building families. Whether you’re navigating fertility treatments, considering surrogacy, or planning co-parenting arrangements, understanding the legal considerations is essential.

Our team of fertility law experts at HM & Co. Solicitors offers personalised guidance tailored to your circumstances. We explain the legal aspects surrounding fertility in clear, understandable terms, so you can proceed with confidence.

Why Work with a Fertility Lawyer?

Having a child through less conventional methods can be emotionally challenging and legally complex. Engaging an experienced fertility lawyer can help you navigate these challenges by:

  • Clarifying Legal Parenthood: Understanding who the legal parents are in various fertility scenarios.
  • Ensuring Proper Consent: Addressing consent for the storage and use of eggs, sperm, or embryos.
  • Managing Parental Responsibility: Determining who will have legal and parental rights for the child.
  • Funding and Legal Documentation: Clarifying financial arrangements and ensuring all necessary legal formalities are in place.

Our goal is to remove uncertainties, allowing you to focus on what truly matters—your growing family.

Fertility Law in the UK: Key Considerations

Assisted Reproduction

Whether you’re pursuing IVF, IUI, or donor conception, our lawyers can help you understand your rights and obligations as a parent, donor, or co-parent. We provide comprehensive support to ensure your arrangements comply with UK law.

Surrogacy

Surrogacy comes with unique legal considerations, including who the legal parents will be at birth and how parental responsibility is transferred. We guide you through the surrogacy process and ensure all necessary agreements and applications are completed.

LGBTQ+ Parenting

For LGBTQ+ couples and individuals, there are specific legal nuances surrounding fertility treatments, surrogacy, and co-parenting arrangements. Our team has extensive experience working with LGBTQ+ families to address these challenges with sensitivity and expertise.

Why Choose HM & Co. Solicitors?

At HM & Co. Solicitors, we pride ourselves on fostering an inclusive, supportive, and understanding environment for all our clients. Whether you’re an individual or a couple, from any background, we are here to guide you through every legal step of your fertility journey.

With expertise across donor conception, artificial insemination, surrogacy, co-parenting, and more, we ensure your legal interests are protected and your path to parenthood is as smooth as possible.

How We Can Help

Consent and Storage

We help you understand your rights regarding the storage and use of eggs, sperm, or embryos, including altering arrangements or withdrawing consent if necessary.

Parental Responsibility

Our team will ensure clarity on who will be recognised as the legal parents and how parental responsibility will be shared.

Surrogacy and Donor Agreements

We assist with drafting and reviewing surrogacy agreements, donor agreements, and any required legal applications.

Start Your Fertility Journey with Confidence

No matter where you are on your path to parenthood, HM & Co. Solicitors is here to support you. Contact our expert fertility law team today to schedule a consultation and take the next step towards growing your family with confidence.

Your Questions, Answered

FAQs

FAQs: Surrogacy in the UK

Is surrogacy legal in the UK?

Yes, surrogacy is legal in the UK. However, there are strict rules and regulations to consider.

  • Surrogacy contracts are unenforceable in the UK, meaning trust between all parties is crucial.
  • It is illegal for third parties, such as solicitors, to receive payment for negotiating surrogacy contracts.

 

What is a surrogacy agreement, and are they legally binding?

A surrogacy agreement is when a surrogate agrees to carry and give birth to a baby for intended parent(s).

  • These agreements are not legally binding in the UK.
  • Intended parent(s) must apply to the court to become the legal parents of the child.

 

Is it legal to pay our surrogate?

Yes, it is legal to reimburse a surrogate for her services in the UK. Payments can include reasonable expenses, such as travel costs, maternity clothing, and loss of earnings.

  • Any payments beyond reasonable expenses must be authorised by the court during the parental order application.

 

What other costs are involved with surrogacy?

Additional costs may include:

  • Clinic treatments: Costs vary based on the treatment required.
    • Intrauterine insemination (IUI) is used if the surrogate’s own eggs are used.
    • In vitro fertilisation (IVF) is required if donor eggs or the intended parents’ eggs and sperm are used.
  • Additional procedures: If the sperm quality is low, an intracytoplasmic sperm injection may be necessary, adding to the cost.

 

Can the intended parents be named on the child's birth certificate?

No, the surrogate will always be named on the birth certificate at birth in the UK.

  • Whether one of the intended parents can also be named depends on:
    • The surrogate’s marital status.
    • The circumstances of the insemination.

 

What is a parental order?

A parental order transfers legal parenthood from the surrogate (and her spouse, if applicable) to the intended parents.

  • It permanently removes the surrogate’s legal parenthood.
  • The birth is reregistered, and the original birth certificate is sealed and only accessible to the child after age 18.
  • The court process typically takes four to 12 months and may involve one or two hearings.

 

Can the surrogate change their mind and keep the baby?

Until a parental order is made, the surrogate remains the legal parent.

  • The surrogate’s consent is required before the parental order can be granted.
  • Cases of surrogates wanting to keep the baby are extremely rare. Similarly, surrogates may worry about being left responsible if intended parents change their minds.

 

What are the most common overseas surrogacy destinations?

Popular international surrogacy destinations include the US, Canada, Georgia, Greece, and previously Ukraine.

  • It is essential to research both UK laws and the laws in the destination country.
  • Marital status and gender may influence the options available.

 

If I am named on the foreign birth certificate/post-birth order, will I be recognised as the legal parent in the UK?

No, the surrogate will always be recognised as the legal mother in the UK.

  • Whether one of the intended parents can be recognised depends on:
    • The surrogate’s marital status.
    • The insemination circumstances.

For expert guidance on surrogacy and related legal matters, contact HM & Co. Solicitors.

📧 Email: info@hmsolicitorsltd.com
📞 Phone: 0207 112 8180

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