Surrogacy arrangements in the United Kingdom are regulated by the Surrogacy Arrangements Act 1985. It was the first law in the UK specifically dealing with surrogacy. The Act was passed after public concern in the 1980s about commercial surrogacy arrangements. Its main purpose was to prevent the commercialisation of surrogacy while still allowing altruistic arrangements.

The UK permits domestic surrogacy under the Surrogacy Arrangements Act 1985, whereby a woman carries and gives birth to a child for another with the intention that the child should be handed over at birth to a commissioning couple (more commonly called intended parents today) and raised as their child. 

Please note that commercial surrogacy is not allowed in the UK. Surrogacy is only permitted under limited circumstances. Surrogacy contracts are not enforceable under United Kingdom law, and it is a criminal offence for surrogacy agencies to negotiate surrogacy agreement terms on a commercial basis in the UK. However, this does not apply to agencies when operating outside of the UK.

International Surrogacy

Because commercial surrogacy is not allowed in the UK, many intended parents look to enter into international surrogacy arrangements due to the robustness of the legal framework in the competing jurisdictions, as well as the ease of finding a surrogate.  

They look to use international surrogacy and then bring their child to the UK through appropriate immigration routes. 

However, using a surrogate abroad can be complicated because different rules apply in different countries. Here are the recommended steps you can follow to pursue international surrogacy.

1. Understand the UK's legal framework around surrogacy

Before you start, you need to know that the UK currently allows only altruistic surrogacy (no commercial agencies or payments) and surrogacy contracts aren’t legally enforceable in the UK. 

If you go overseas for surrogacy, UK law doesn’t automatically recognise your legal parenthood (even if the child’s foreign birth certificate names you as parents). 

UK law recognises legal parenthood at birth by who gives birth, not by genetics (whose egg or sperm has been used), and not by intention.

2. Choose a country and clinic for International Surrogacy

When considering surrogacy overseas, you should research country-specific laws and requirements, as different countries have very different rules about surrogacy eligibility, who can be a surrogate, whether commercial arrangements are allowed, and what documents are issued at birth. Also consider payments that you will be required to make to the surrogate and the surrogacy agency. 

You should check visa and travel requirements for intended parent (s) and the child — some countries may require extended stays before you can return home with your newborn child. 

You should also consider counselling and medical screening, as many countries and clinics require extensive medical and psychological evaluations before proceeding. 

Choose whether you will use a reputable agency abroad (often allowed where the UK prohibits commercial surrogacy) to enter a surrogacy arrangement, or make independent arrangements.

3. Arrange the pregnancy and birth overseas

You should typically follow the steps below when you decide on a country/clinic:

a. Choose a reputable fertility clinic or surrogacy agency in that country.

b. Undergo the necessary medical assessments (for you and the surrogate).

c. The surrogate undergoes embryo transfer (often using your sperm/egg or donor material if applicable).

d. Plan travel arrangements to that country so you can be present at or before the child’s birth. 

Who is the legal mother of a child? 

Under UK law, the legal mother of a child at the time of their birth will always be the person who gives birth to the child, irrespective of whose genetic material has been used. This means the surrogate will always be the legal mother of the child at birth. In other words, in the case of an intended mother or two female parents, none of them will be the legal parents of the child at birth.

As per the law, the surrogate only loses legal parenthood if it is removed by a court order in the UK. Legal parenthood is typically transferred to the intended parent(s) through a Parental Order or adoption.

Who is the legal father of the child?

Under UK law, the legal mother of a child at the time of birth is the person who gives birth. But the situation of the legal father is more complicated and depends on the surrogate’s marital status:

1. Married surrogate

Under UK law, if the surrogate is married to a man, her husband will also be a legal parent of the child, irrespective of whose genetic material has been used in the surrogacy arrangement. The surrogate and her husband will be regarded as the legal parents even if the intended parent(s) obtain a birth certificate or court order from the foreign jurisdiction naming the intended parent(s) as the child's legal parents. Intended parent (s) can obtain legal parenthood status of the child only through a Parental Order in the UK – this is a mechanism to transfer legal parenthood from the surrogate (and her husband, if applicable) to the intended parent(s).

2. Unmarried surrogate

If the surrogate is not married to a man at the time of the child’s birth, the intended father will be considered the legal father, provided that his sperm has been used to conceive the child. A Parental Order will still be required to transfer legal parenthood from the surrogate to the other intended parent (if any), to make them the legal parent of the child.

3. Single women or second female parents of the child

When the only intended parent is a single female, she will not be regarded as the legal parent from birth, regardless of whether her genetic material is used or not. Where both intended parents are female, neither of them will be regarded as legal parents from birth, regardless of whether the genetic material of one of them was used or not.

How to bring a child born abroad from surrogacy to the UK?

If the UK intended parents want to bring a child born overseas through surrogacy to the UK, the correct visa or travel route depends on whether the child is automatically British at birth.

There is no UK “surrogacy visa.” Instead, you will need to use standard British nationality or immigration routes.

1. If the child Is automatically a British Citizen

The child may be British at birth if at least one of their intended parents is a British citizen who is recognised as the child’s legal parent under UK nationality law (this can depend on genetics and marital status).

In this case, you can apply for the child’s British Passport directly through the HM Passport Office.

You will usually need the child’s foreign birth certificate, DNA evidence (if required), surrogacy agreement, and proof of the British parent’s citizenship.

Once the British passport is issued, you can travel to the UK normally without requiring a visa for the child.

2. If the child is not automatically British

A child born through surrogacy, under UK law, will not normally become a British citizen automatically where the British parent is not recognised as the legal parent at birth under UK law, there is no genetic link, and the intended parent is not British.

In this case, you must apply for entry clearance to the UK for the child to bring them to the UK. This route allows the child to come to the UK while you later apply for a Parental Order in the UK courts.

You will need the following:

• Child’s birth certificate abroad

• Surrogacy agreement

• Evidence of intended parents’ domicile

• DNA evidence (often required)

• Evidence that the child will live permanently with you

The entry clearance processing can take several months, so you should be prepared to remain abroad during this time.

Once you get a Parental Order from the UK Family Court, the child can usually be registered as British (if not already), after which you can apply for their British passport.

Transferring legal parenthood

UK law provides a mechanism to transfer legal parenthood from the surrogate (and her husband, if applicable) to the intended parent(s) – known as a “Parental Order”. You will have to undertake this process once you return to the UK with the child. 

In case a Parental Order is not possible, intended parent(s) may seek an adoption order.

Apply for a Parental Order as a Couple

If you are applying together with your partner, the application must be submitted within six months of the child’s birth. At least one of you must be genetically connected to the child — meaning one of you provided the egg or sperm used in conception.

To qualify, you and your partner must either be married, in a civil partnership, or living together in a long-term committed relationship.

In addition, the child must be living with you at the time of the application, and reside permanently in the UK, the Channel Islands, or the Isle of Man.

Apply for a parental order as an individual

You must be genetically related to the child, meaning you provided the egg or sperm used in conception, and must apply for a Parental Order in the UK as an individual within 6 months of the child’s birth.

In addition, the child must be living with you at the time of the application, and reside permanently in the UK, the Channel Islands, or the Isle of Man.

How to apply for a Parental Order? 

If you are making your application in England or Wales, you must complete Form C51 (Application for a Parental Order) and submit it to the Family Court, either by post or in person.

Along with the application form, you must provide the child’s full birth certificate and pay the required court fee of £263.

Once the court has processed your application, you will be given a hearing date. The court will also send you an acknowledgement form, which you must give to the child’s legal parent (the surrogate). 

The surrogate, and any second legal parent (if there is one), must formally consent to the Parental Order by completing and signing Form A101A.

The process to apply for a Parental Order is different if you live in Scotland or Northern Ireland.

How can Visa and Migration help?

International surrogacy is a costly and time-consuming process. We can assist you with the visa process for the child one you have parental order or an adoption order. 

We can also help you bring your child to the UK with you. If your child is an automatic British citizen, we can help you apply for a British passport for the child, and if the child is not a British citizen automatically, we will help you apply for an entry clearance to bring your child to the UK once you have obtained a Parental Order from the UK court for you to become the legal parent (s) of the child. Later on, we will help you register your child as a British citizen. 

For a one-to-one discussion on international surrogacy and visas to bring your child to the UK, call our friendly client care team at +44 (0)20 3411 1261 or write to info@visaandmigration.com to discuss your case.