The legal landscape surrounding UK surrogacy laws is widely recognised as outdated, with current legislation largely based on frameworks developed more than 40 years ago.
As family structures, fertility treatment options and societal understanding of parenthood have evolved, many legal professionals, intended parents and support organisations agree that surrogacy law reform in the UK is urgently needed.
In this episode of Whitehead Monckton’s HeadNotes podcast, family law specialists Judith Harling-Coward and Daniel Bennett are joined by barrister Lara Identizard Hobbs and Haley King from Paths to Parenthub to explore how surrogacy works under current UK law, why many believe the legal framework no longer reflects modern families, and what intended parents should know about the surrogacy journey today.
This discussion is particularly valuable for intended parents, LGBTQ+ families, those exploring donor conception, and anyone seeking clarity on the surrogacy legal process in the UK.
As discussed throughout the podcast, the current surrogacy legal process in the UK is workable, but often highly complex. Under existing England and Wales law, the person who gives birth is automatically recognised as the legal mother, even in gestational surrogacy where there may be no genetic link to the child. If the surrogate is married, their spouse may also hold legal status.
This means intended parents are not automatically recognised as legal parents from birth and must instead apply through the parental order process.
“The law is widely recognised now to not be fit for purpose.” — Lara Identizard Hobbs
For many families, this creates emotional and legal strain after what is often already a difficult fertility or family-building journey.
A central part of the surrogacy legal process in the UK is the parental order application. This legal process transfers parenthood from the surrogate (and potentially their spouse) to the intended parents.
The podcast highlights that this process can involve:
For domestic surrogacy arrangements, this can already feel invasive. For international surrogacy arrangements, the process may require High Court involvement, increasing legal costs and complexity further.
As the speakers note, many intended parents question why they face such scrutiny when other parents do not.
Unlike some countries, commercial surrogacy is not permitted under UK law. The UK instead operates under an altruistic model, where surrogates can receive “reasonable expenses” but not payment for surrogacy services.
However, the podcast highlights growing discussion around whether this distinction still reflects reality. While many parents and surrogates value the ethical intentions behind this approach, concerns remain around transparency, support and consistency.
In countries such as the US, surrogacy agreements often include clearer contractual protections, counselling and defined expectations for parents and surrogates alike.
The conversation also explores the increasing number of UK families seeking surrogacy arrangements abroad due to domestic restrictions. While overseas options may offer more flexibility, they can create significant legal and ethical challenges.
These include:
For donor-conceived children, this can have lifelong implications regarding identity, access to information and emotional wellbeing.
The Law Commission’s recommendations, published in 2023, aim to modernise UK surrogacy laws and better support modern families. Proposed reforms include a new pathway that could allow intended parents to become legal parents from birth, subject to safeguards.
Potential reforms also focus on:
Despite broad support, progress remains slow.
“It almost needs to have happened yesterday.” — Haley King
A key message from the episode is that while surrogacy law reform remains pending, there is still support available now.
The speakers recommend:
Surrogacy is a deeply personal path to parenthood, but it is also one shaped by legal technicalities, evolving reform and complex family law considerations.
Our family law specialists can support intended parents by helping them understand the legal process, parental order applications and wider considerations surrounding UK surrogacy laws.
We can assist with:
With the right support, your path to parenthood can be approached with greater clarity and confidence.
If you would like advice from our surrogacy solicitors, please get in touch with our family law team.
Under current UK law, the surrogate is the legal mother at birth.
A parental order transfers legal parenthood from the surrogate to the intended parents.
Judith Harling-Coward
Associate family lawyer at Whitehead Monckton, advising on family law matters including surrogacy.
Director in the Family team at Whitehead Monckton, advising on modern family law matters including surrogacy.
Lara Identizard Hobbs
Barrister at 36 Family Chambers, specialising in surrogacy, donor conception and wider family law.
Haley King
Head of Operations at Paths to Parenthub, supporting families navigating donor conception and surrogacy.
Explore more episodes from the HeadNotes Legal Podcast, or browse our Surrogacy, Adoption and Guardianship services for expert guidance on surrogacy, donor conception and modern family-building.
