Surrogacy

Copyright © 2025 LexisNexis

A surrogacy arrangement is the practice whereby a woman carries a child for another person with the intention that the child should be handed over at birth to the commissioning couple or party and raised as theirs. The key provisions for such arrangements are contained in the:

  1. •

    Surrogacy Arrangements Act 1985 (SAA 1985)

  2. •

    Human Fertilisation and Embryology Act 2008 (HFEA 2008)

  3. •

    Human Fertilisation and Embryology (Parental Orders) Regulations 2010, SI 2010/985 (SI 2010/985), revoked by the Human Fertilisation and Embryology (Parental Orders) Regulations 2018, SI 2018/1412 (SI 2018/1412), and

  4. •

    Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018, SI 2018/1413 (SI 2018/1413)

The Law Commission consultation paper on surrogacy reform, ‘Building families through surrogacy: a new law’, made provisional proposals to improve surrogacy laws to better support the child, surrogates and intended parents. See: Surrogacy—general principles—Law Commission consultation.

Surrogacy—general principles

There are different types of surrogacy: total, gestational, and partial. See: Definitions and types of surrogacy.

SAA 1985 provides that in determining whether an arrangement is a surrogacy arrangement

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Family News

Correct timescales and the procedure for applications for permission to appeal (Re F (A Minor) (Permission To Appeal))

Family analysis: Mr Justice Hayden gave consideration to the requirements, including timescales, on an application for permission to appeal made to the trial judge and after considering the relevant case law and procedural rules, provided guidance on the correct approach, together with wording to be included in judgments to ensure certainty as to the date of hand-down for the purposes of the Family Procedure Rules 2010 (FPR 2010). Teertha Gupta, KC at 4PB, summarises the approach.

The necessity of a DOLs order where all parties with parental responsibility consent (J (through his Children's Guardian) v Bath and North East Somerset Council and others)

Family analysis: The Court of Appeal held that even in cases where the local authority and the parents of a profoundly disabled 14-year-old agreed to a restrictive regime for him, contrary to the decision of Mr Justice Lieven in the court below, a deprivation of liberty (DOLs) order was necessary, as Article 5 of the European Convention on Human Rights (ECHR) was engaged. Had the decision of Lieven J been allowed to stand, the logical consequence would have been that there would have been no need for any local authority to apply for a DOLs order where it holds a care order for the child. The Court of Appeal allowed the appeal and gave clear guidance that a local authority cannot 'mark its own homework'. Teertha Gupta KC at 4PB considers the issues.

Principles applicable by Court of Protection for recognition and enforcement of Scottish Guardianship order (Argyll and Bute Council v RF)

Private Client analysis: The case concerns a guardianship order made in Scotland in January 2025 for three years in respect of RF. There were two issues in the case. The first was whether the guardianship order gave Argyll and Bute Council (‘the Local Authority’) the power to authorise the deprivation of RF’s liberty in England. The second issue was, if so, whether the Court of Protection in England and Wales should grant recognition and enforcement of the guardianship order as applied for by the Local Authority. The Official Solicitor on behalf of RF opposed the application on the grounds that there was no effective route for RF to challenge his confinement or trigger a review of the restrictions on him. In dealing with these arguments the court gave a useful analysis of Article 5 of the European Convention on Human Rights (the Convention) as applied to any specific guardianship order. Written by Lynne Counsell, barrister at Addington Chambers.

President of the Family Division delivers speech on changes and future priorities

The President of the Family Division, Sir Andrew McFarlane, has delivered a speech at the 2025 Resolution Conference reflecting on decades of change in family justice, recent achievements and future priorities. Through collaborative effort, Sir Andrew reflected that the system has achieved a reduction of approximately 20% in public law cases and 30% in private law cases from Covid-era highs.

View Family by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Can the court make an interim child arrangements order?

Can the court make an interim child arrangements order?The court may make an interim child arrangements order, namely an order intended to be short-term until determination of any issues in the case at a final hearing, under section 8 of the Children Act 1989.There are various cases where it can be

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfareThis Practice Note explains about the principle, in relation to certain private law applications made under the Children Act 1989 (ChA 1989), that the child's welfare must be the court's paramount consideration. It sets out when the paramountcy

The meaning and scope of parental responsibility

The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow up.Under the Children Act 1989 (ChA 1989) parental responsibility means all the rights, duties, powers, responsibility and authority that, by law, a

Where a woman is separated from her husband, but not yet divorced, and she wishes to undertake in vitro

Where a woman is separated from her husband, but not yet divorced, and she wishes to undertake in vitro fertilisation treatment (using donor sperm), does she require her husband’s consent to do so? Where the husband refuses to sign a form indicating that he does not consent for the purposes of
Can the court make an interim child arrangements order?

Can the court make an interim child arrangements order?

Can the court make an interim child arrangements order?The court may make an interim child arrangements order, namely an order intended to be short-term until determination of any issues in the case at a final hearing, under section 8 of the Children Act 1989.There are various cases where it can be

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfareThis Practice Note explains about the principle, in relation to certain private law applications made under the Children Act 1989 (ChA 1989), that the child's welfare must be the court's paramount consideration. It sets out when the paramountcy

The meaning and scope of parental responsibility

The meaning and scope of parental responsibility

The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow up.Under the Children Act 1989 (ChA 1989) parental responsibility means all the rights, duties, powers, responsibility and authority that, by law, a

Where a woman is separated from her husband, but not yet divorced, and she wishes to undertake in vitro

Where a woman is separated from her husband, but not yet divorced, and she wishes to undertake in vitro

Where a woman is separated from her husband, but not yet divorced, and she wishes to undertake in vitro fertilisation treatment (using donor sperm), does she require her husband’s consent to do so? Where the husband refuses to sign a form indicating that he does not consent for the purposes of