Business As Usual: Please note that Brookman’s services to clients remain uninterrupted during the pandemic. Read more

Surrogacy

In the last 20 years the availability of surrogacy has brought happiness to many families. Surrogacy law is complex and evolving. The medical science is also growing fast and some aspects may be leaving the law behind.

Surrogacy arrangements in England are not illegal provided they are altruistic. No commercial arrangements are permitted although it is not an offence to pay reasonable expenses and the court can retroactively approve payments.

There are three organisations in the United Kingdom which match applicants with potential surrogates, and as they are not-for-profit organisations this is perfectly legal. They also provide support for applicants through the process. However, at the time of writing, they either have closed their books or have excessively long waiting lists due to scarcity of potential surrogates.

For this reason many intending parents either find surrogates through informal networks or look abroad. Both of these avenues carry certain risks and it is prudent to speak to us at an early stage if you are pursuing these avenues. However, regardless of where the surrogacy arrangement takes place, the intending parents must apply for a parental order to obtain legal parenthood for the resulting child/children.

The criteria for obtaining a parenting order, whichever route is followed, are numerous and include that there must be a surrogacy arrangement in place, one of the intending parents must have provided genetic material for the child, and the application must be made during the six-month period after the child is born but not in the first six weeks after birth. (This time limit is currently being reviewed and it may become possible for applications to be made prior to birth if the legislation is amended. You need to speak to us if this timing has not been met.)

Legal problems can arise for foreign citizens who are living in the UK who are seeking a surrogacy arrangement, or potentially for dual citizens of the UK and elsewhere. Another issue of potential concern is where the surrogacy has taken place abroad when the parties were living there, but now need recognition of the child for the purposes of English law. For example, in relation to inheritance or residency issues.

If you would like further advice, please get in touch with us now.

Get legal help with your surrogacy
Contact us now...

Kindly complete the form below to send an enquiry.
Your message will be sent to one of our solicitors.
Discretion is guaranteed.


  • 1. Personal Information:

  • You do not need to provide a telephone number, however, it is helpful for us should our email response not be successfully delivered to you
  • 2. More Information

    Is there anything else you would like to tell us at this stage?
  • This field is for validation purposes and should be left unchanged.

What our clients are saying:

Trent Waller, Australia

“We recently retain Brookman Solicitors to undertake agency work in London. Julius and firm were superb in undertaking the requested work. They undertook the work efficiently, regularly kept us informed about its progress and completed the work within their cost estimate. I would not hesitate in recommending Brookman Solicitors to any Australian law firm requiring agency work in England.”


Google Reviews

Brookman Solicitors

61 Reviews

Jamie Warnes 16/03/2020

Excellent service. I had a consultation directly with Mr Brookman and his advice and guidance was very clear and helpful. Would highly recommend.

Deana Kendall 12/02/2020

I had been referred by a friend who has a close connection with the firm. I met with Mr Henry Brookman who offered me a free initial consultation to discuss my matter. Mr Brookman is very thorough and has great attention to detail and care. I genuinely feel that he has a great understanding of my circumstances and situation. Moving forward, I have received continuous updates (when relevant) regarding developments to my situation and all correspondences are clear. I feel confident with Mr Brookman's guidance and excellent team! Though my matter is still on-going for the time being, I cannot highly recommend enough! In any event, I will always be eternally grateful to Mr Brookman and his team.

Emma Hearse 03/02/2020

I had an initial consultation with Mr. Brookman, his advice was extremely thorough and relevant. I would recommend Brookman Solicitors.

Caroline Keane 17/01/2020

It was great to have a free initial consultation with Henry Brookman. He answered my questions, and I finished the conversation knowing what I needed to do next in order to resolve matters.

Niamh Tracey Smith 10/12/2019

Highly recommended. Speak to Senior Partner Henry Brookman directly to put your mind at ease and for expert guidance. Invaluable.