Is surrogacy legal

Is surrogacy legal

The Foreign office has issued new guidance on surrogacy law and particularly surrogacy abroad.  Is surrogacy legal?  Yes it is but there are strict regulations to follow.  Commercial surrogacy is not legal in the UK.  No person or organisation can profit from a surrogacy arrangement.

A surrogate can be paid reasonable expenses for being a surrogate.  Those expenses may include loss of earnings, private medical, travel, maternity clothes etc.  You may not pay the surrogate a fee for signing papers of 'handing over the baby.'

The legal parents of the child cannot be contracted.  The legal parents are determined by the Human Fertilisation and Embryology Act 1990.   The legal parent is determined based on the marital status of the surrogate and events that take place prior to the insemination.  Many couples make the mistake of waiting for a pregnancy to occur before taking legal advice.  This should be avoided because by the time the surrogate is pregnant, the legal parent status would have been determined.

The guidance is available here

If your question is "Is surrogacy legal" or for any other advice on surrogacy in India or any other country please contact Harjit Sarang on 01727 884688 or e-mail

About the Author

Family law solicitor.