Prospective parents pursuing surrogacy face significant legal uncertainty under current English law, prompting calls from legal experts for clearer regulations that ensure protection for all parties involved—intended parents, surrogates, and the children born through such arrangements.
The debate was reignited last week in the House of Commons following an online petition initiated by Adam Frisby and Jamie Corbett, a gay British couple who used a surrogate in the United States. Under existing law, intended parents—whether the surrogate is in the UK or abroad—must obtain a parental order from the court before being legally recognized as the child’s parents. The petition urged changes to grant intended parents automatic legal parenthood from birth.
Three years ago, the Law Commission, the government’s independent advisory body on law reform, recommended amending the law for domestic surrogacy to this effect. However, Diana Johnson, a health minister, has declined to pursue immediate reform, though she acknowledged the strong public demand for legislative change.
Statistics from the Ministry of Justice show that applications for parental orders in England and Wales have increased by nearly 76% over the past decade, reaching 726 in 2025, with about 75% granted. Despite growing numbers, critics argue the legal framework remains outdated and places unnecessary burdens on all involved. Cara Nuttall, a partner at Brabners law firm, described the government’s hesitation to reform as a missed opportunity that disadvantages surrogates, intended parents, and children.
Currently, it can take six to twelve months after birth to obtain a parental order, during which time the surrogate remains the child’s legal parent, a period often marked by stress and uncertainty. Kim Lehal of RWK Goodman emphasised that surrogacy is often not a choice, but a response to infertility or other circumstances, and that requiring intended parents to overcome extra legal hurdles compounds the emotional challenges. She proposed a "front-loaded" process for domestic surrogacy, incorporating essential checks and documentation at the outset to reduce delays without sacrificing safeguards.
Legal professionals also stress the importance of thorough preparation, particularly in light of the continued absence of legal reform. Emma Dewhurst, senior solicitor at Hall Brown Family Law, warned that the ongoing legal ambiguity may drive more people to pursue international surrogacy arrangements, which present their own complications.
Concerns about exploitation and consent remain central to the discussion. Sarah Williams, a partner at Forsters, said surrogacy demands rigorous pre-conception due diligence, including ensuring the surrogate’s valid consent, and cautioned against treating it as a commercial or lifestyle choice.
International surrogacy raises additional complexities due to the lack of a global legal framework comparable to that for adoption. Williams noted that the UK family courts often face difficult situations when foreign surrogacy arrangements do not align with British legal standards. Anna Stinton of Stowe Family Law pointed out that while the UK cannot regulate foreign clinics, it must determine how to respond when a child born abroad arrives in the country. She stressed that the courts’ creative handling of cases should not substitute for comprehensive legislative action.
Child welfare advocates argue the law should centre more explicitly on the rights and interests of the child. Carolina Marín Pedreño, a partner at Dawson Cornwell, highlighted that the child, though central to surrogacy arrangements, lacks a voice in the process and may have lasting questions about their genetic origins and birth story. She called for legal provisions that address these lifelong concerns rather than focusing solely on establishing parental status at birth.
As the ongoing legal debate continues, experts agree that reform is needed to create a more coherent, child-centred, and less burdensome framework for surrogacy, balancing the rights and responsibilities of surrogates, intended parents, and children alike. For now, the system remains in a state of legal limbo, leaving many to navigate complex, often stressful procedures before parental status is legally confirmed.