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Family Law

Surrogacy Solicitors

Jacqueline Major
Jacqueline Major
Partner
Vanessa Friend
Vanessa Friend
Partner
Bharti Shah
Bharti Shah
Partner
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Sarah Harding
Partner
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Abigail Neal
Paralegal
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Priyanthi Mohanakumar
Paralegal
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Emily McNally
Trainee

You may be giving some thought to looking into having a surrogate mother in a foreign country to have a child, it’s important to seek our expert legal advice.

Our specialist team of family lawyers will assist you with the legal implications of using a surrogate. We’ll lead you through the steps required to allow you to acquire full parental rights for your child.

Our family experts will work with you every step of the way – behind the scenes assisting as questions arise and with the important elements of the legal process.

First steps for couples considering surrogacy

Under English law, if you have a child with a surrogate mother you and your partner won’t be the child’s legal parents. You’ll need to ask the court to make a Parental Order. This stops the surrogate mother’s (and her husband’s if she’s married) parentage and transfers the rights and responsibilities for your child to you.

International surrogacy law

With international surrogacy arrangements, the child often has no automatic claim to British nationality, regardless of your nationalities. So, additional steps need to be taken before you can bring your child home.
It’s important you understand early on what the legal requirements are and what steps you need to take both here and in the country your child is born. Our specialist team of family lawyers can make the Parental Order application for you and help you throughout the process.

We’ll go through the legal requirements with you and support you through the important steps, such as serving the relevant documentation on the surrogate mother, the court hearings, preparing your statements in support of your application and meeting with the Parental Order reporter.

We’ll advise you on what nationality and status your child will be entitled to, and then work with you to select the best option to bring your child home as quickly as possible.

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Helping navigate through surrogacy and the law

Legal Advice – Advice to couples and families considering international surrogacy, and the processes involved in bringing a child back into the UK.

Guidance – Guidance on ensuring you receive the right support and advice in the country in which the child is born. All the necessary procedures will need to be completed in accordance with the laws of that country. We’ll focus on assisting you to ensure a quick and smooth process from abroad back to the UK with the child.

Court Documents – Preparation of Parental Order proceedings in England and Wales to ensure you’re legally recognised as the parents.

Contact our specialist team on
or request a call back.
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Why choose Hodge Jones & Allen?

Our specialist team will be flexible when working with you so we meet the needs of you and your family. We understand the sensitive nature of the process and work with absolute discretion.

Most of our clients have used a surrogate abroad, and therefore need advice regarding both the family and immigration aspects of the arrangement, and help in bringing their child back to the UK. We work closely together as a team to support you with all UK legal aspects of your surrogacy arrangements.

Our Private Client team have experience in assisting intended parents to prepare a will to cover specific issues raised as part of the surrogacy arrangements. In some countries, this is a requirement in order to proceed with the surrogacy.

"They were very prompt and efficient and always kept me informed. The service was nothing short of excellent."

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Linking up with other support agencies

We have links with surrogacy agencies and clinics, specialist international surrogacy barristers and immigration lawyers around the world.

"HER PROFESSIONALISM, KNOWLEDGE OF LAW AND NEGOTIATING SKILLS ARE EXCEPTIONAL. VANESSA’S ATTENTION TO DETAIL FAR OUTWEIGHS ANY SOLICITOR I HAVE EVER ENCOUNTERED”

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Featured cases

We represented the commissioning parents in the reported case R and S v T (Surrogacy: Service, Consent & Payments) [2015] and successfully obtained Parental Orders for twins where the Ukrainian surrogate could not be found and could therefore not provide her consent to the making of the Parental Orders.

We represented the commissioning parents on an application for Parental Orders for twins following an arrangement in India. The commissioning father was an Indian national and the commissioning mother was a British national. The twins could not come into the country as the commissioning mother could not pass on her British nationality. The Home Office was joined as a party to the application to secure the twins entry to the country and to complete the Parental Order application.

We represented a same sex couple on an application for a Parental Order for their son following an arrangement in the USA. The couple lived and worked in USA for several years. We successfully demonstrated that at least one of them remained domiciled in England & Wales to obtain the Parental Order.

If you are considering surrogacy and in need of specialist legal advice from one of our Surrogacy Lawyers, please call
or request a call back.
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"Brilliant service. I very very happy. High level professionals working here. Many thanks to them."