Being a surrogate mother 

Surrogacy: legal rights of parents and surrogates   

Surrogacy is legal in the UK, but if you make a surrogacy agreement it cannot be enforced by the law.  

The legal parents at birth   

If you use a surrogate, they will be the child’s legal parent at birth. If the surrogate is married or in a civil partnership, their spouse or civil partner will be the child’s second parent at birth, unless they did not give their permission. Legal parenthood can be transferred by parental order or adoption (external link) after the child is born. If there is disagreement about who the child’s legal parents should be, the courts will make a decision based on the best interests of the child.  

Surrogacy agreements   

The intended parents and surrogate can record how they want the arrangement to work in a surrogacy agreement. Surrogacy agreements are not enforceable by UK law, even if you have a signed document with your surrogate and have paid their expenses. You cannot pay a surrogate in the UK, except for their reasonable expenses. 

Donor’s rights 

If you use donated sperm or eggs with your surrogate, read about the rights of your donor (external link). Read more about surrogacy and the legal process (external link).

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