Surrogacy, Adoption, Special Guardianship Solicitors

Parenthood can be one of the greatest journeys a human being can embark on. However, as you may have discovered, for many, it is also a challenge: for same-sex couples, or if conventional ways of conception haven’t worked for you.

We understand that building your family involves sensitive and deeply personal issues. Our dedicated ParentLaw team provides tailored legal advice, compassionate support, and practical solutions to help you achieve your family goals.

Our specialist ParentLaw team has expertise in areas of law where we are able to support you in exploring alternative routes to modern parenthood. We understand that navigating these pathways to parenthood can be complex and emotionally challenging. Our team of experienced family lawyers is dedicated to providing clear, compassionate advice and robust legal support on surrogacy, adoption, and special guardianship.

Whether you are considering starting a family through surrogacy, adopting a child, or seeking to become a legal guardian, we are here to guide you through every step of the process.

Surrogacy is a popular option for individuals and couples unable to conceive naturally. It involves a surrogate carrying a baby on behalf of intended parents. In the UK, surrogacy is legal, but the legal framework is strict to protect all parties involved.

In the UK, the intended parents typically become the legal parents of the child through a Parental Order, which transfers parental rights from the surrogate to the intended parents. This process requires a court application and is usually made after the child’s birth.

There are two essential methods of surrogacy:

1. the ‘traditional’ way, where one of the intended parents shares the biological chemistry of the child with the surrogate, or
2. ‘full’ surrogacy, where the surrogate carries and gives birth to a child with no biological relationship with that baby.

Key Considerations

• The surrogate must be at least 18 years old and have given birth to a child themself.
• Arrangements must not be made with the intention to make money, although neither the surrogate or the intended parents or parent are guilty of an offence if payments are made beyond reasonable expenses. The court commonly has to determine the appropriateness of payments beyond what is considered reasonable when making a parental order transferring parenthood to an intended parent or parents.
• It is illegal for any third party to be paid for arranging a surrogacy (including lawyers), although there are exemptions for the small number of non-profit organisations operating in this country.
• Surrogacy agreements: where a surrogacy agreement has been drawn up, they are not enforceable, leaving surrogates and intended parents to rely upon trust, namely that someone they may know very little will not change their views once the child has been born. Intended parents should seek legal advice before entering into any surrogacy agreement, as these agreements are not legally enforceable in the UK but serve as a helpful record of intentions.
• Finding a surrogate: Neither potential surrogates nor potential parents are allowed to advertise their intentions. Non-profit organisations like Surrogacy UK, My Surrogacy Journey and Brilliant Beginnings can keep registers of both sets of participants.

While finding a surrogate in the UK has distinct advantages as there are no travel or immigration issues, finding a surrogate outside the UK can be a simpler and cheaper process. However, there can be pitfalls if you look internationally, for example if the surrogate becomes uncontactable, particularly where significant sums of money have been paid. Intended parents may also need specialist legal advice to bring the child into the UK.

Our specialist ParentLaw team can signpost you to local lawyers in each potential destination to advise on recent changes in the law in that country which could impact on the viability of your plans.

It is important to understand that in the UK, until intended parents apply for, and obtain a parental order concerning their surrogate child, the surrogate is the legal parent of the child, and who the other legal parent is depends upon whether they were married or in a civil partnership at the time of birth. If the surrogate is single, who the other legal parent is depends upon whether fertility treatment took place at a UK licensed facility and the presence of any consent forms.

If the surrogacy has taken place in the UK, this is normally the point at which lawyers step in to help navigate the path forward for couples. It is worth noting though, that it is always beneficial to contact us for early advice, which will allow you to have a clear plan in place prior to when the baby arrives, leaving more family time for you.

In cases of international surrogacy, it is important to seek legal advice before even selecting the destination country, so that you fully understand the likely advantages and challenges before any plans are made.

The application for the parental order should be made within six months of the birth of the child, although courts have the discretion to extend this as it can be the case that it isn’t possible to apply within this period (for example, if it takes time to relocate back to the UK from a surrogacy ‘host’ country).

The parental order is designed to re-assign parenthood to the intended parent or parents and end the continuing responsibility the surrogate has for the child.

It is vital that intended parents have legal advice to confirm whether they meet the criteria to be an intended parent in accordance with UK law.

As with so many aspects of family law, it is impossible to over-estimate the importance of getting expert legal advice before any plans are put into effect, wherever the surrogacy may be based. Our specialist surrogacy lawyers work with immigration solicitors and foreign colleagues to ensure that advice is comprehensive from the start.

Our specialist surrogacy lawyers can guide you through the Parental Order process, support you at Court and ensure all the legal requirements are met to ensure you are fully supported through your journey to parenthood.

Adoption is a life-changing decision and a legal process that transfers parental rights from the birth parents to adoptive parents. The UK has a well-established framework for adoption, prioritising the child’s welfare above all else.

We support parents with two types of adoption in the UK:

• Step-Parent Adoption: When a step-parent wishes to adopt their partner’s child
• Intercountry Adoption: Adopting a child from another country, subject to UK and international laws

The process typically involves:

• Applying to the courts for an Adoption Order.
• Undergoing assessments, including home studies and background checks.
• Attending training and preparing a suitability report.
• The court’s decision is based on the child’s best interests, ensuring stability and a loving environment.

Our specialist adoption solicitors help you navigate the complex legal procedures, prepare the necessary documentation, and represent you at court hearings. We also provide guidance on intercountry adoption laws and requirements, ensuring compliance with international treaties.

Special Guardianship Orders (SGOs) are a legal arrangement that grants a carer (often a relative or a close family friend) long-term parental responsibility for a child, but without severing the child’s legal ties with their birth parents.

The advantages to special guardianship are that:

• It offers a stable, secure environment for the child
• The child remains legally connected to their birth family, which may be important for cultural or emotional reasons
• It is a quicker and less invasive process than adoption

To obtain an SGO, you need to make an application to the family court, which considers the child’s welfare and whether the arrangement is in their best interests. The court will evaluate the suitability of the guardian and the child’s needs.

Our expert lawyers in special guardianship will assist with the application process, ensuring you meet all the legal criteria. We can also advise on amending existing care arrangements and on the implications of an SGO for contact with birth parents.