Surrogacy Solicitors in London

Why choose OTS Solicitors as your surrogacy law specialists?

Our specialist surrogacy solicitors in London provide exceptional quality of service as we know just how daunting UK surrogacy or international surrogacy can be.

Our family law solicitors are experts in the complexities of UK and international surrogacy law and work with an award-winning team of immigration solicitors to reduce the stress and uncertainty of the international surrogacy process. We can advise and answer your questions on:

• Preliminary queries on UK surrogacy and international surrogacy so you know what to expect
• Surrogacy agreements and payments to your surrogate
• Making a parental order application
• International surrogacy legal advice
• Choice of country if you are looking at international surrogacy, especially if you are a single person or LGBTQI+ couple
• Securing entry clearance for your child to enter the UK
• Obtaining a British passport and British citizenship for your child after an international surrogacy arrangement

Answering your Frequently Asked Questions on Surrogacy

What is surrogacy?

Surrogacy is where a woman has a baby through a surrogacy arrangement and hands the baby to the intended parent/s.

The birth mother is called the surrogate. The parents-to-be are called the intended parents.

The difference between surrogacy and adoption is that there is a biological link between at least one of the intended parents and the baby. This could be through implanted eggs or sperm. There are many different types of surrogacy arrangements. Our surrogacy law specialists can provide you with the advice you need for your circumstances.

How does surrogacy work?

Surrogacy works by agreement between the surrogate and the intended parent or parents. The law on surrogacy depends on whether you choose a UK surrogate or opt for an international surrogacy.

Every surrogacy is different and emotions and fears can run high throughout the process, especially if you have already tried to have a family through IVF or adoption. That’s why our caring and dedicated surrogacy law solicitors will support you at every step of your journey.

Is surrogacy legal in the UK?

Surrogacy is legal in the UK but it must not be a commercial arrangement for profit. The law allows intended parents to pay their surrogate reasonable expenses. Having a clear understanding of what reasonable expenses are reduces the risk of misunderstandings between the surrogate and intended parents.

Under UK law, a surrogate mother has automatic parental rights even if she is not genetically related to the child. Surrogacy arrangements are not enforceable under contract law but intended parents can apply to court for a child arrangement order to decide who should bring the baby up if the surrogate is not willing to hand the baby over to them. The court will decide where the child should live based on their assessment of what is in the child’s best interests.

Is it legal to pay a surrogate from an overseas country?

In some countries, including some States in the US, India and Ukraine, surrogacy agreements are legally enforceable.  Other countries allow surrogacy arrangements but do not permit the surrogate mother to be paid anything over and above reasonable expenses.

It is imperative you take surrogacy legal advice on your chosen country so you understand the surrogacy laws and the steps you will need to take to bring your child to the UK. Our multi-lingual international surrogacy lawyers and immigration solicitors can assist you with the specialist advice you need.

What are the different types of surrogacies?

There are three different types of surrogacy arrangements:

1. Surrogate-carrying mother – the surrogate is the biological mother
2. Total or gestational surrogacy – the commissioning mother donates an egg fertilised by the commissioning father before implantation in the surrogate mother. The commissioning couple are therefore the genetic parents
3. Partial surrogacy – the surrogate is the biological mother and is artificially inseminated with the sperm of the commissioning father

In the UK the surrogate (and potentially her partner if she is married) is the legal parent of the child until the making of a parental order.

How do the commissioning parents of a surrogacy obtain a parental order?

You can apply for a parental order with a partner or on your own. At least one applicant must be genetically related to the child.

If you are making a joint application for a parental order, you must be married, in a civil partnership or living as partners with your joint applicant.

In all parental order applications, you must apply for the order within six months of the child’s birth and:

1. Have the child living with you
2. Reside permanently in either the UK, Channel Islands or Isle of Man

With a UK surrogacy, the court must also be satisfied that no monies, aside from reasonable expenses, have been paid to the surrogate.

Our surrogacy lawyers will check that you meet the criteria for a parental order and support you through your parental order application.

How do I bring the child back to the UK after a surrogacy birth?

If the child has been born outside the UK to a surrogate the baby may not be a British citizen at birth even if both biological parents have British citizenship.

If the child is not born British, an application to register the baby as British will need to be made.  This can be a legally complex process. That’s why it is best to speak to our specialist immigration solicitors about what is involved in securing a British passport, entry clearance and British citizenship for your child.

Your international surrogacy lawyer will work closely with our expert immigration solicitors so you get joined-up legal advice on all the family law and immigration steps you need to take to bring your child to the UK after a surrogacy birth to start family life in the UK.

How much does surrogacy cost?

The total cost of surrogacy depends on whether you are using a UK surrogate, the extent of the expenses payable as well as other costs, such as living overseas with the baby until you secure entry clearance for the child as well as legal fees for a parental order application or immigration advice.

Let OTS Solicitors guide you through the surrogacy process

Our surrogacy solicitors in London and immigration lawyers have the expertise and experience you can rely on to help you navigate through the complicated process of UK or international surrogacy.

We understand that the decision to become parents through surrogacy is never an easy decision to make and that you are likely to be anxious about the pregnancy and legal process and only feel secure once you have your parental order, or in the case of international surrogacy, once your baby has British citizenship.

Our surrogacy lawyers are friendly, sensitive and compassionate. We are dedicated to supporting you to make your dreams of parenthood through surrogacy possible.

Many parents have entrusted us to assist them with their surrogacy journey. It is a privilege for us to help parents to be in what can be an emotional and sometimes legally complex journey to becoming a parent.

Contact us today to see how our surrogacy solicitors can help you.

To discuss your planned surrogacy and legal questions, we can talk with you at our offices, over the phone or online via Web Conferencing such as Zoom or Skype. To get the expert legal advice you need, contact our surrogacy solicitors in London.