Surrogacy for single men and women
While English law does not prohibit single people pursuing surrogacy, it makes it very difficult. This is mainly because the legal solution for surrogacy situations (which gives parenthood to the intended parents after the birth and extinguishes the status of the surrogate mother) is not available to those who are not married, civil partners or living with a partner, and this can leave solo parents without the legal authority they need to be able to raise their child in the UK.
We want to see this changed, to accommodate single parents. We have already argued for parental orders to be opened to single people (Natalie drafted a tabled amendment to the Human Fertilisation and Embryology Act 2008 which was debated in Parliament but unfortunately rejected) and will continue to do so.
In the meantime, single men and women who have a connection with English law and who are building a family through surrogacy should take great care with the legal issues.
What are the risks of surrogacy for a single parent?
English law may not recognise you as a parent of your child, even if you are the biological parent (and even if you are named as the parent on a foreign birth certificate). This could affect your legal right to make decisions about your child's care in the UK, creating significant legal problems for the future. Your surrogate mother is also likely to retain rights and status under English law (including financial responsibility) which may be difficult for you to dissolve.
If your child is born through surrogacy abroad, difficulties may also arise in relation to your child's nationality and immigration status, which could leave your child stranded abroad.
The extent to which these risks apply and whether they can be managed will depend on your particular circumstances.
Surrogacy law: how can we help?
We have the UK's leading expertise in UK and international surrogacy law, with an unrivalled track record having helped hundreds of families created through surrogacy in the UK and abroad. We are the only law firm which deals exclusively with fertility law issues, including surrogacy, and which deals with complex and straightforward surrogacy cases every day.
Please contact us if you would like our help with:
- legal advice on international surrogacy, including parenthood and parental responsibility, entry clearance and citizenship issues, and experience dealing with the USA, the Ukraine, India and many other jurisdictions,
- advising on UK surrogacy law, including parenthood following surrogacy and the legal framework and restrictions on surrogacy in the UK,
- helping single parents handle the legal applications necessary to secure their position after surrogacy,
- providing legal representation in disputes in relation to surrogacy, and
- drafting specialist wills for intended parents.
English law prevents us from negotiating surrogacy arrangements which makes it illegal for us (or for any other solicitor in the UK) to write the terms of a surrogacy agreement or to find you a surrogate mother.
