International surrogacy law
International surrogacy arrangements are increasingly common, as countries across the world take very different approaches to surrogacy. Some have more restrictive laws than in the UK (for example, many European countries) while others take a more liberal approach (including the Ukraine, the USA and India) and many prospective parents are crossing borders.
International surrogacy law: British couples going abroad for surrogacy
If you are based in the UK going abroad for surrogacy, it is sensible to explore the legal issues fully, both in your destination country and in the UK. There is currently no international harmonisation of law, which means that even if you sort things out in the country where your child is born, you may find yourself legally unprotected at home and without an automatic right to bring your child into the UK. Find out more about how English surrogacy law applies if you are British (or based in the UK) going abroad for surrogacy.
You can also download our free information leaflet for couples considering surrogacy in the USA.
International surrogacy law: Non-British couples living in the UK and British couples living abroad
If you have foreign connections (or have UK connections but live outside the UK), it is critical that you explore the legal issues fully to ensure that you will be able to secure your legal status as your child's parents and that your child will have the immigration rights and nationality status he or she needs. We work with many expatriate families with British links, as well as with non-British couples living in the UK. Find out more about how the law applies for non-UK or non-British couples considering surrogacy in the UK or abroad.
International surrogacy: How can we help?
We have unrivalled experience dealing with international surrogacy law, having successfully represented the parents in virtually all the international surrogacy cases heard to date by the English court, including published cases Re IJ (2011), Re L (2010) and Re X and Y (2008), and with links with other leading expert lawyers across the globe. Please contact us if you would like our help with:
- advising you on how the law applies in relation to international surrogacy law, including on parenthood, entry clearance and citizenship,
- leading expertise on domicile and jurisdiction,
- representing you in an application for a parental (or alternative) order (including situations where you may have paid more than reasonable expenses, or are not domiciled in a part of the UK), and
- working with foreign lawyers (you may also find our page for non UK advisors helpful).
