Modern families & surrogacy

Surrogacy in the UK

For many intended parents, surrogacy is the route that finally turns years of hope into a reality. Although in England and Wales surrogacy is legal, it is on an altruistic basis, where the surrogate is reimbursed for reasonable expenses rather than paid commercially.

The law around surrogacy is mainly set out in the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008, and it can feel both technical and daunting in equal measure. At its heart, the legal position is relatively simple, but it can create real challenges for intended parents. The woman who gives birth is the legal mother at birth, whatever the genetics, and if she has a spouse or civil partner, they are usually the second legal parent unless they did not consent to the surrogacy.

Anthony Collins’ surrogacy solicitors help you understand how surrogacy works in practice – what you can agree safely, what the limits are around payments and contracts, and how a later parental order will formally recognise you as your child’s legal parents.

The surrogacy process

The UK surrogacy process typically follows the same core steps – find a surrogate, agree how you will work together, go through treatment and pregnancy, welcome your baby, and then importantly, secure a parental order.

Many intended parents find a surrogate through a non‑profit organisation, and others may be supported by a friend or family member. Each route brings emotional and practical questions that are neither straightforward nor clear. From how open to be with wider family, what contact will look like in future, to how the steps of surrogacy will work for you.

From a legal standpoint, a written surrogacy agreement, drawn up with a specialist surrogacy lawyer, helps to capture everyone’s intentions around expenses, communication, decision‑making and what happens at the birth, even though it is not legally enforceable.

It’s important to know that, is that when your baby arrives, the surrogate is the legal mother and, depending on her relationship status, her spouse or civil partner may be recognised as the second parent in law. This is where a parental order comes in. The parental order application must normally be made within six months of birth and involves forms, a short hearing and a court‑appointed officer who meets you and prepares a report.

Our surrogacy solicitors will guide you through each step so the so the legal position reflects your reality as your child’s parents.

Surrogacy costs and expenses

Most intended parents want clear, honest answers to ‘how much does surrogacy cost?’ before they commit on this life-changing journey.

In reality, the surrogacy costs in the UK vary. Typical surrogate expenses to plan can include general expenses as well as fertility treatment, legal fees and any non‑profit organisation fees. As commercial surrogacy payment is not allowed, surrogates can only receive reasonable expenses. In practice, that often includes loss of earnings, travel and accommodation for clinic appointments, maternity clothing, childcare for their own children and agreed wellbeing or medical costs. Fertility treatment costs – IVF cycles, embryo storage, investigations and pregnancy care – sit separately and depend on the clinic and treatment plan.

Your surrogacy lawyer cost will reflect the support you need, including advice on structure and risk, drafting or reviewing a surrogacy agreement, and managing the parental order paperwork and hearings.

As a values‑driven firm, we explain fees clearly upfront and, where possible, offer fixed‑fee stages so you can budget with confidence. For families exploring overseas routes, the average cost of surrogacy is usually higher and more complex, which is where specialist advice becomes critical.

International surrogacy considerations

International surrogacy can look appealing – with shorter waiting lists, clear programmes and attractive clinics – but for UK parents, it can come with complex legal, nationality and immigration issues that need careful planning.

In many countries, despite being named on the birth certificate as the legal parents from day one, under UK law, does not automatically make you your child’s legal parents here. Your surrogate is still treated as the legal mother at birth, and a UK parental order is usually needed to transfer parenthood, even if a foreign court has already recognised you. On top of this, your child must have the right to enter and stay in the UK. Different countries allow, restrict or in some cases ban commercial surrogacy, some models that are legal abroad can create difficulties here and further passport, visa or other entry clearance, often involving the Home Office, will be needed.

Our international surrogacy lawyers map out the legal route home for your child, highlight red flags, and give you a realistic picture of timescales, paperwork and cost, so you can move forward with confidence, not uncertainty.

Adoption – building your family

Becoming a parent through adoption is a huge emotional step, and the process itself can feel daunting when you first look at it. Our adoption solicitors guide you through each stage so you always know what comes next, and why.

In most cases, the UK adoption process takes around six months to two years, depending on the route you take and the needs of the child. The process usually involves working with an approved agency, taking part in preparation and assessment, and then being approved by an adoption panel. Social workers focus on matching you with a child whose needs you can meet, and planning introductions and placement in a way that feels as safe and supported as possible for everyone involved.

Our adoption solicitors then make sure the legal side keeps pace with real life – explaining any paperwork, clarifying your rights and responsibilities, and preparing the court application so your adoption order is granted smoothly and in good time. For step parent adoption, we advise on eligibility, liaise with the local authority and explain how the order will reshape the legal relationship with the non‑resident birth parent, keeping the focus on long‑term security for your child.

We provide clear advice on timescales and adoption cost options, and translate each legal milestone into what it means for you and your child day to day, keeping the focus on building a stable, permanent family life.

Legal rights for unmarried couples

Many cohabiting partners are often surprised and shocked to realise that they don’t have the same legal rights as married couples or civil partners.

Home ownership is governed by whose name is on the title and any trust or written agreement. Without this, someone can walk away from a long relationship with no share of the property they have contributed to. Unlike divorcing couples, cohabitants are unable to bring broad financial claims against each other if they separate. Where children are involved, both parents have responsibilities and potential claims on behalf of the child, but the framework is different to that for married couples.

Our solicitors specialise in supporting unmarried couples with understanding their legal rights, including property and child arrangements, and when a declaration of parentage is needed.

Protecting your family – cohabitation

Cohabitation agreements give modern families structure and security where the law does not automatically do so.

A cohabitation agreement records how you will own and manage property, savings and debts during the relationship, and importantly what should happen if it ends. It can set out who owns what share of the home, how mortgage payments are treated, and how you will divide or buy out interests if you separate. That clarity can significantly reduce stress at already difficult moments.

Our experts at Anthony Collins draft and review these documents, advise you on unmarried couples legal rights, and explain how the agreement will work in practice for your family, both now and in the future. We help you choose the right cohabitation agreement and structure, so your intentions are clear and your loved ones are protected if you separate or if one of you dies.