As National Surrogacy Week 2026 recognises the growing number of families created through surrogacy, it is also a reminder that building a family through surrogacy involves far more than fertility treatment. Families embarking on an international surrogacy journey must contend with complex legal considerations, and often require the support of legal professionals specialising in family law, immigration law and private client planning.

Recent news reports suggest that the number of families exploring surrogacy arrangements is rising significantly, with 980 parental order applications made in 2025, a figure which has doubled since 2015.

Parents are navigating a system that requires significant reform, which means seeking early legal advice is more important than ever. Obtaining specialist advice at an early stage can help avoid costly delays, unexpected immigration issues, and difficulties obtaining legal parenthood or citizenship for their child.

UK Surrogacy Law: Understanding Parental Orders and Legal Parentage

One of the most surprising aspects of UK surrogacy law is that the intended parents are not automatically recognised as the child's legal parents at birth. Under the current legal framework in England and Wales, the surrogate and their spouse or civil partner (if applicable), are the child's legal parents at birth, regardless of genetics.

As a result, intended parents must apply for a Parental Order to transfer legal parentage from the surrogate (and their spouse / civil partner where applicable) to the intended parents. Intended parents are able to apply for a Parental Order 6 weeks after the child’s birth and before the child is 6 months old.

In order to obtain the Parental Order, the intended parents will need to satisfy the criteria in s.54 Human Fertilisation and Embryology Act 2008 and the surrogate must consent to the making of the Order.

The intended parents apply for a Parental Order using form C51. Once lodged with the Court, the application will be issued, reviewed by a Judge and thereafter directions made to progress the matter and list the matter for a hearing. For domestic surrogacy cases, the Court will ordinarily direct a Parental Order reporter to meet with the intended parents, file a report to consider the relevant criteria and obtain consent from the surrogate. In international cases, the surrogate will need to have their consent notarised by an independent notary. The Court will also direct statements from the intended parents to address the relevant criteria. The Parental Order reporter will provide a recommendation to the Court in respect of the making of a Parental Order. The matter will then be listed for a further hearing where the Court will consider if they are in a position to make the Order.

For UK families or individuals pursuing international surrogacy, the legal position in the child’s country of birth may be entirely different from the position under UK law and the intended parents will still need to obtain a Parental Order in the UK to ensure that they are recognised as the legal parents in this jurisdiction. The process for international surrogacy cases differs slightly in terms of process and all cases are allocated to the High Court and heard by High Court Judges.

Immigration and Nationality Law: Understanding the options for returning to the UK

For families embarking on an international surrogacy journey, immigration considerations should be addressed before conception.

A common misconception is that a child born through surrogacy will automatically qualify for a British passport because one or both intended parents are British citizens. In reality, nationality and immigration law operate under different legal definitions of parenthood.

Under British nationality law, the birth mother is usually regarded as the child's mother at birth, whereas the Immigration Rules adopt a broader definition of ‘parent’, including biological parents and those who later obtain a Parental Order. This can create significant practical difficulties immediately after birth.

Depending on the circumstances, families may need to consider:

• A British passport application;
• Registration of the child as a British citizen;
• A Certificate of Entitlement to the Right of Abode;
• Entry clearance applications under the Immigration Rules; or
• Temporary immigration solutions pending the grant of a Parental Order.

The circumstances in which a child born through surrogacy overseas would automatically acquire British citizenship at birth are limited; this is generally the case where the surrogate is not married, and the intended father is the biological parent of the child and is a British citizen otherwise than by descent. Otherwise, citizenship may need to be acquired on the making of a Parental Order. This presents a challenge for families who need to return to the UK for the Parental Order to be made, and therefore other immigration options would need to be explored for the child.

Additionally, the processing times for making an application to register a child as a British citizen, and the following steps of applying for a British passport overseas or applying for a Certificate of Entitlement, can present huge delays. This is similarly the case if the family is required to make an immigration application, as priority processing services are not always available, or the timeframe is not always met if the case is deemed complex.

We often see cases where families encounter unexpected delays because travel documentation has not been considered until late in the pregnancy. Careful planning can often prevent situations where parents are required to wait abroad for immigration or nationality decisions. It is important for families to be aware of the steps they may need to follow to bring their child to the UK, and to be prepared for making the necessary applications well in advance to ensure they can meet and evidence the necessary requirements.

Wills, trusts and estate planning for families created through surrogacy

While much attention is naturally focused on fertility treatment, pregnancy and bringing a child home, families should not overlook the importance of private client planning.

Surrogacy frequently raises unique questions around inheritance, guardianship and financial protection. Intended parents should consider:

Updating Wills

Wills should be reviewed before or shortly after a child is born through surrogacy. This helps ensure that guardians are appointed and that inheritance provisions accurately reflect the family's wishes.

Protecting Vulnerable Beneficiaries

Trust structures may be appropriate where intended parents wish to provide long-term financial security for children, particularly where there are complex family circumstances.

Taking a Joined-Up Approach

For intended parents, immigration law, family law, and private client planning must often be navigated together, which can be an overwhelming process without the support of specialist advisers.

By addressing immigration, family law and trust considerations from the outset, parents can focus on what matters most: welcoming a new child into their family.