Surrogacy Agreements

The law in the UK relating to surrogacy is outdated. As the law stands, the surrogate can change her mind about surrendering her parental rights to the intended parents at any point, up until the Court grants a Parental Order. Although this rarely happens in practice, it can understandably be a huge concern for the intended parents.

Surrogacy Agreements are not currently binding in the UK, meaning that even if such an agreement is entered into, the surrogate mother could still change her mind. However, in practice, it can be helpful to have a Surrogacy Agreement drawn up as it focuses all of the parties’ minds as to the outcome and it can be useful to set out the common intentions of the parties both during the pregnancy and beyond.

How can I enter into a Surrogacy Agreement?

It is a criminal offence for third parties to negotiate the terms of a Surrogacy Agreement and so we cannot assist you with the drafting or reviewing of a Surrogacy Agreement. However, there are a number of not-for-profit organisations that can help you mitigate the risks of your surrogate changing her mind. The four main not-for-profit surrogacy organisations are as follows:

What can I record in a Surrogacy Agreement?

Surrogacy Agreements most commonly set out the following:

  • Conception arrangements
  • Arrangements and medical treatment during the pregnancy
  • Birth arrangements
  • The intention that a Parental Order will be sought by the intended parents, and the surrogate’s agreement to this
  • The surrogate’s contact with the baby following birth and in the longer term

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