For many LGBTQIA+ individuals and couples, surrogacy offers a beautiful path to parenthood. But while the journey is filled with hope and joy, it’s also shaped by legal steps that are important to get right.
What is surrogacy?
Surrogacy is when a woman carries a baby for another person or couple who cannot conceive or carry a pregnancy themselves. It’s increasingly common in England and Wales and internationally, especially within the LGBTQIA+ community. Whether you’re a gay couple growing your family or a single parent exploring options, surrogacy can be a meaningful route to parenthood.
Why legal advice matters
In England and Wales, the woman who gives birth to the baby is recognised as the legal mother at birth, regardless of her biological connection to the child. To become the legal parent(s), the intended parent(s) must apply for a parental order through the family court.
Without this court order:
- You may not have full legal rights over your child
- You could face difficulties making decisions about education, health care, or travel
- The surrogate may retain legal responsibilities, even if that’s not your joint intention
Importantly, at least one intended parent must be biologically related to the child, and the surrogate must give consent after the baby is born.
Surrogacy law reform postponed
Many LGBTQIA+ families face outdated or unclear legal hurdles, and there are growing calls for surrogacy law reform to reflect today’s diverse families. Unfortunately, the UK government has confirmed it will not move forward with reforms to current surrogacy laws, citing that the government “is unable to prioritise surrogacy reform” at this time due to other pressing issues. The decision comes despite growing calls to modernise the outdated rules that many say no longer reflect today’s family structures.
As surrogacy law in England and Wales is considered restrictive, many intended parents look abroad where such arrangements are permitted. While the government clarified it does not plan to restrict these arrangements, it has issued warnings about the ethical risks and legal complications especially when returning to the UK with a child born via international surrogacy.
As Pride Week highlights family diversity and equality, many see this decision as a missed opportunity to support inclusive family-building.
Many intended parents will turn to international surrogacy arrangements; however, they can present significant legal and logistical challenges. The Court has strongly emphasised the importance of taking specialist legal advice before embarking on overseas surrogacy arrangements to avoid difficulties.
Our surrogacy message this Pride
Surrogacy is a powerful way to create loving families and every family deserves to start that journey with clarity and confidence. Whether you’re just starting to explore options or are already expecting, we’re here to help guide you through the legal steps with compassion and expertise.
How Moore Barlow can help
It is vital to obtain legal advice if you are considering surrogacy to start or expand your family and to ensure you are recognised as the legal parents of your child in England and Wales. At Moore Barlow, our surrogacy team have the skill and expertise to navigate the highly complex legal landscape of surrogacy to help you understand the unique legal needs of LGBTQIA+ families.
With a deep and compassionate understanding of the legal issues, our team is equipped to provide expert advice and guidance throughout the entire process, with the utmost sensitivity and discretion.
The above is general guide in England and Wales and not to be as a replacement to bespoke advice.
