Surrogacy Solicitors

If you considering engaging a surrogate mother in a foreign country in order to have a child, it is important to seek legal advice.

Our specialist team of family lawyers will help with the legal implications of having a child using a surrogate and lead you through the steps required to enable 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. Contact our specialist team today on 0808 231 6369 or complete our Request a Call Back form.

First steps for couples considering surrogacy

Under English law, if you have a child with a surrogate mother you and your partner will not be the child’s legal parents. You will need to ask the court to make a Parental Order which will extinguish the surrogate mother’s (and her husband’s if she is married) parentage and transfer the rights and responsibilities for your child to you.
International surrogacy law

With international surrogacy arrangements, the child will often have no automatic claim to British nationality, regardless of your nationalities. So, this will mean that additional steps need to be taken before you can bring your child home.

It is important that you understand early on what the legal requirements are and what steps you need to take here and in the country in which 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 will 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 will also 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.

Helping Navigate through Surrogacy and the Law

  1. Legal Advice – Advice to couples and families considering international surrogacy and the processes involved in bringing a child back into the UK.
  2. 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 will focus on assisting you to ensure a quick and smooth process from abroad back to the UK with the child.
  3. Court Documents – Preparation of Parental Order proceedings in England & Wales to ensure that you are legally recognised as the parents.

Flexible and compassionate support and advice from Hodge Jones & Allen

The specialist team at Hodge Jones & Allen will be flexible when working with you so we meet the particular 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.

Linking up with other support agencies

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

If you are considering surrogacy and in need of specialist legal advice from one of our Surrogacy Lawyers, please call 0808 231 6369 or complete our Request a Call Back form.

Examples of Our Work

Ukrainian surrogate could not be found

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.

Surrogacy arrangement in India

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.

Representation of same sex couple

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.

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    Our offices are open from Monday to Friday from 9 am to 6 pm.

    Phone:0808 231 6369
    Fax:020 7388 2106
    Address:Hodge Jones & Allen Solicitors
    180 North Gower Street
    NW1 2NB