Surrogacy can be a life-changing way to grow your family. At Care Fertility, we’ve supported many people—individuals and couples—on this path. If you're considering surrogacy, understanding how it works and what it means for you is the first step. Here's what you need to know.
What is surrogacy?
Surrogacy is when someone carries and gives birth to a baby for another person or couple—known as the intended parents. It's often an option for those who can't conceive or carry a pregnancy themselves, including same-sex male couples and people with certain medical conditions.
There are two main types:
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Traditional surrogacy – The surrogate uses her own egg, fertilised using the intended father's or donor’s sperm. In this case, the surrogate is the baby’s biological mother.
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Gestational surrogacy – The surrogate carries an embryo created via IVF, using eggs and sperm from the intended parents or donors. The surrogate has no genetic connection to the baby.
Is surrogacy legal in the UK?
Yes—surrogacy is legal in the UK, but it’s carefully regulated to protect everyone involved. It's important to understand your rights and responsibilities before starting.
The legal side of surrogacy
Understanding the legal framework of surrogacy in the UK
Surrogacy is legal in the UK—but it’s guided by a clear legal framework to make sure the process is ethical and protects everyone involved. If you're thinking about surrogacy, it's important to know what the law says and how it applies to you.
The key legislation includes:
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The Surrogacy Arrangements Act 1985 – Sets out the legal basis for surrogacy in the UK and restricts commercial surrogacy arrangements.
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The Human Fertilisation and Embryology Acts 1990 & 2008 – Define legal parenthood and how it is transferred after the birth.
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The Children Act 1989 – Protects the welfare of the child and guides decisions made by the courts.
You can read more about each act on the UK government’s legislation site.
Altruistic, not commercial
In the UK, all surrogacy must be altruistic. That means the surrogate can only be reimbursed for reasonable expenses—things like travel, maternity clothes, or lost earnings. Paying a fee beyond that is not allowed.
Agreements aren't legally binding
You can draw up a written surrogacy agreement, but it isn’t enforceable in court. Legally, the surrogate remains the child’s mother at birth—even if there’s no genetic link. That said, legal disputes are rare, especially when both sides receive proper guidance and support from the start.
Becoming the legal parents
To become your baby’s legal parents, you’ll need to apply for a Parental Order. This is the final step in the legal process and transfers full parenthood to you.
Here’s what that involves:
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Apply within six months of your child’s birth.
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The surrogate must give full, informed consent—and this can only happen once the baby is at least six weeks old.
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At least one intended parent must be genetically related to the baby (i.e., they provided the egg or sperm).
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The court reviews the case to ensure all legal criteria are met before granting the order.
We understand that this process can feel complex, but you're not on your own. Our team will walk you through it step by step, with clarity and care.
How Care Fertility supports your surrogacy journey
We know surrogacy can feel overwhelming. That’s why our team is here to make the process clear, manageable, and centred around your needs.
Your first consultation
Your journey starts with a consultation. We’ll talk through your medical background, outline the surrogacy process, and help you decide what’s right for you. It’s a chance to ask questions, get clear answers, and feel confident moving forward.
Finding the right surrogate
Finding the right surrogate is one of the most personal parts of your journey—and it can feel like a big step. While we don’t arrange matches ourselves, we’ll guide you on where to look and what to consider.
We recommend starting with trusted organisations like SurrogacyUK and COTS (Childlessness Overcome Through Surrogacy). They offer expert advice, supportive communities, and clear steps to help you connect with someone who’s right for you.
IVF and medical support
We’ll take care of all medical aspects—from fertility treatment and embryo creation to transfer and monitoring. Our embryologists and clinical teams are among the best in the UK, and everything is tailored to your unique circumstances.
Emotional wellbeing
Surrogacy is a deeply emotional experience. We offer counselling and psychological support to both intended parents and surrogates throughout the process—so everyone feels seen, supported, and empowered.
Real stories from our families
Luke and Jacob’s journey
Luke and Jacob worked with our egg donation and surrogacy programme. With our guidance, they welcomed their daughter into the world and have shared how supported they felt at every stage.
Their story is one of many. Every journey is different, but you’ll never walk it alone.
Read their story
Let’s make family possible—together
If you’re considering surrogacy, we’re ready to help you take the next step. Whether you're exploring your options or already further along in your journey, our team is here to offer clarity, compassion, and expert care.
Get in touch today to speak with one of our surrogacy specialists. We’ll be with you—every step of the way.
