What is international surrogacy?

illustration for What is international surrogacy?

Building your family through surrogacy is life-changing. Legal advice is essential to properly understand how to secure your legal parentage under UK law and understand issues relating to citizenship.

If you're dreaming of having a baby through surrogacy, you might be feeling overwhelmed by all the legal issues involved. Don't worry, we're here to help you navigate the complex process and make sure you and your child are fully protected under UK law.

Whether you need advice on how to become a legal parent, how to apply for a British passport for your child, or how to deal with any unexpected challenges along the way, we have the expertise and experience to guide you through every step.

But what if you decide to go abroad for surrogacy?

Maybe you want to explore different options, find a more affordable solution, or simply enjoy a change of scenery. Whatever your reasons, you should know that going overseas for surrogacy can bring some additional legal complications. You'll need to consider the laws of the country where you have your child, as well as the UK laws that apply when you come back. You'll also need to make sure your child has the right citizenship and immigration status to enter and stay in the UK. Sounds complicated? Don't panic, we've got you covered. Our lawyers have extensive knowledge of international surrogacy laws and can help you plan ahead and avoid any potential pitfalls.

People living in, or from the UK, may choose to enter into surrogacy arrangements abroad for many reasons including more favourable surrogacy laws and greater availability of surrogates.

For those undertaking surrogacy overseas, steps will need to be taken in the UK in order for you to be legally recognised as a parent and, in some cases, for the child to become a British citizen.

Talk to us

What do you need to know

Around 50% of parental orders made by the family courts in England and Wales each year are a result of international surrogacy arrangements.

Surrogacy laws vary considerably around the world and some countries have become known as international surrogacy hotspots for intended parents from countries with more restrictive surrogacy laws.

If you are living in the UK or are living overseas but have a strong connection to the UK, it's important that you are aware that UK parentage laws may mean that you are not the legal parent(s) of your child born through surrogacy overseas, even if the child’s birth certificate issued in the country of their birth records you as a parent.

We are one of the few firms in the UK that can offer a fully joined-up service for the UK legal issues that arise in international surrogacy arrangements. We also have a large network of global lawyers and will work as a team to best meet your interests.

What should I consider when thinking about choosing 
international destinations?

The cost of surrogacy overseas can vary significantly between destinations. The USA is a popular destination for international surrogacy but many people can’t afford the cost of surrogacy in the USA.  Costs in the US vary but it’s not uncommon for the overall cost of a surrogacy arrangement to be $200,000 to $250,000.

Surrogacy destinations often emerge in countries which have no laws relating to surrogacy. There have been cases where surrogacy laws have been implemented in these countries at short notice, leaving people with surrogacy arrangements underway in a state of limbo.

Prior to the Russian invasion of Ukraine, Ukraine was a very popular destination for international surrogacy (although only available to married heterosexual couples). Emerging destinations for surrogacy include Colombia and Mexico as well as some African countries including Kenya, Uganda and Nigeria.

Whilst cost will be a significant factor to consider, it’s important to think about the ethical issues around surrogacy in the country concerned. What motivates women to be surrogates, will you be able to meet them, what will they be paid?

Much of the legal process in the UK will be post-birth, so it’s important to ensure that there’s an ongoing line of communication with the surrogate as well as transparency in terms of what the surrogate is receiving by way of payments.

Children born through surrogacy will often be curious about their surrogate as they grow older, so the ability to communicate/keep in touch with their surrogate might be an important consideration.

Our lawyers

Our fertility lawyers are internationally recognised as some of the leading lawyers globally for issues relating to international surrogacy. We are regularly instructed by intended parents who undertake surrogacy arrangements overseas and have experience of surrogacy arrangements undertaken in USA, Canada, Ukraine, India, Iran, Uganda, Colombia, Mexico, Cyprus, Russia, South Africa, Nepal and Thailand.

The team has appeared in some of the leading cases in this highly specialised area. They are committed to campaigning to update the law to better protect children and families created through surrogacy at both the national level through our work with the UK Law Commission and the All Party Parliamentary Group on Surrogacy, and at the international level through work with the International Surrogacy Forum, as well as overseas and international legal associations. 

“Mills & Reeve deliver exceptional client service. They have a depth of knowledge which is invaluable for clients”

Legal 500

“Mills & Reeve has an ability to think clearly and provide simple, no-nonsense solutions to complex cases”

Chambers 2024

Ready to talk to us?

Our team of specialist family lawyers are hee to support you if you're facing issues related to international surrogacy. Speak to our team today. 

Enquire now

Resources

Explaining family law podcast

Facing a family law issue and not sure what's involved? Our podcast is the right place to start.

Listen to our podcast

Family and children blog

Our family and children law blog provides practical advice and insight on a wide range of topics by our family and children lawyers.

Read our blog

Family law vlogger YouTube

On our YouTube channel, Caitlin Jenkins, the Family Law Vlogger gives you guidance on your first step in sorting out your issues.

Subscribe

International surrogacy FAQs

In many countries where international surrogacy regularly occurs, it is common for them to be able to register the birth with the intended parents named on the birth certificate. However UK law does not recognise this and UK law will consider the legal parent to be the surrogate and, if she is married (or in a civil partnership), in most cases the spouse or civil partner will be the second legal parent. A parental order made in the UK secures your legal parentage for all purposes under UK law.

There are several reasons why you may not be eligible for a parental order (for example you may not be domiciled in the UK or the embryo was created using donor egg and donor sperm). In most cases there are alternative orders you can obtain and which should not prevent you from undertaking surrogacy. It's best to get the advice before you start your journey so you know what to expect.

UK law does not strictly permit commercial surrogacy and there are restrictions (and some criminal offences) relating to commercial surrogacy in the UK. If you are applying for a parental order, you will need to set out to the court what payments have been made. The courts will have to authorise any payments made over and above reasonable expenses. It's important that there is a record of what payments have been made.

Contact our team today

Please fill in the form with your details and a member of our team will be in touch soon.

Speech Bubble
We need a partner/spouse name so we can run internal conflict checks