International surrogacy
Building your family through surrogacy is life changing. Legal advice is essential to properly understand how to secure your legal parentage under UK law and understand issues relating to citizenship.
People living in, or from the UK, may choose to enter into surrogacy arrangements abroad for many reasons including more favourable surrogacy laws and greater availability of surrogates.
For those undertaking surrogacy overseas, steps will need to be taken in the UK in order for you to be legally recognised as a parent and, in some cases, for the child to become a British citizen.
What you need to know
- Around 50% of parental orders made by the family courts in England and Wales each year are as a result of international surrogacy arrangements.
- Surrogacy laws vary considerably around the world and some countries have become known as international surrogacy hotspots for intended parents from countries with more restrictive surrogacy laws.
- If you are living in the UK or are living overseas but have a strong connection to the UK, it is important that you are aware that UK parentage laws may mean that you are not the legal parent(s) of your child born through surrogacy overseas, even if the child’s birth certificate issued in the country of their birth records you as a parent.
- We are one of the few firms in the UK that can offer a fully joined up service for the UK legal issues that arise in international surrogacy arrangements. We also have a large network of global lawyers and will work as a team to best meet your interests.
What should you consider when thinking about choosing international destinations?
The cost of surrogacy overseas can vary significantly between destinations. The USA is a popular destination for international surrogacy but many people can’t afford the cost of surrogacy in the USA. Costs in the US vary but it’s not uncommon for the overall cost of a surrogacy arrangement to be $200,000 to $250,000.
Surrogacy destinations often emerge in countries which have no laws relating to surrogacy. There have been cases where surrogacy laws have been implemented in these countries at short notice, leaving people with surrogacy arrangements underway in a state of limbo.
Prior to the Russian invasion of Ukraine, Ukraine was a very popular destination for international surrogacy (although only available to married heterosexual couples). Emerging destinations for surrogacy include Colombia and Mexico as well as some African countries including Kenya, Uganda and Nigeria.
Whilst cost will be a significant factor to consider, it’s important to think about the ethical issues around surrogacy in the country concerned. What motivates women to be surrogates, will you be able to meet them, what will they be paid?
Much of the legal process in the UK will be post birth so it’s important to ensure that there’s an ongoing line of communication with the surrogate as well as transparency in terms of what the surrogate is receiving by way of payments.
Children born through surrogacy will often be curious about their surrogate as they grow older, and so the ability to communicate/keep in touch with their surrogate might be an important consideration.
