Surrogacy Explained: The Law, the Process and the UK Numbers

The honest picture, with numbers

Surrogacy in the UK is small, legal and structured almost entirely around one fact: the woman who gives birth is the child's legal mother until a court says otherwise.

The scale first. The HFEA reports that the number of surrogates undergoing IVF treatment rose from 170 in 2014 to 230 in 2017 and has stayed at roughly 230 to 250 since, and that in 2024 surrogates accounted for less than 1% of fertility patients. This is not a large or fast-growing route in Britain.

The HFEA describes who it may suit: people with a medical condition that makes pregnancy impossible or dangerous, including absence or malformation of the womb, recurrent pregnancy loss and repeated IVF implantation failure, as well as male same-sex couples and single people.

Two kinds of surrogacy

Full surrogacy, also called host or gestational surrogacy, uses the eggs of the intended mother or a donor, so there is no genetic connection between the baby and the surrogate. It requires IVF.

Partial surrogacy, also called straight or traditional surrogacy, uses the surrogate's own egg fertilised with the intended father's sperm. The HFEA recommends having this done at a licensed UK clinic rather than privately, and the legal reasons for that recommendation are substantial rather than procedural.

Which route you take determines the treatment. The HFEA notes that using the surrogate's own eggs with good quality sperm usually means IUI, whereas using your own or donated eggs means IVF, with ICSI adding further cost if sperm quality requires it.

The legal position, which is the whole thing

The HFEA states the core rule without qualification: in the UK the surrogate is the legal mother of the child unless you obtain a parental order from the court, even where the eggs and sperm used are yours or donated and she is not genetically related to the child. Until that order is made, intended parents have no legal parenthood and the surrogate can change her mind about the arrangement at any time.

Who the second legal parent is at birth depends on the surrogate's circumstances. If she is married or in a civil partnership, her spouse or civil partner is automatically the second legal parent until a parental order is granted, unless it can be shown they did not consent to her treatment. If she is single, the man providing the sperm may automatically be the second legal parent if he wishes to be.

There is an alternative that must be arranged in advance. The surrogate can nominate a second legal parent — for example the intended mother or non-biological father — but both she and the intended second parent must give written consent before the sperm, egg or embryo are transferred, using the HFEA's SWP and SPP consent forms. Miss that window and it cannot be fixed retrospectively.

The HFEA also notes a change to who may apply for a parental order: the law previously allowed only two people to apply, and it is now possible for one person to apply if they are a biological parent of the child.

Money, and what "expenses" means

You cannot pay a surrogate in the UK beyond reasonable expenses — the HFEA gives maternity clothes, travel expenses and loss of earnings as examples. Anything beyond reasonable expenses must be authorised by the family court before a parental order can be made.

On what that amounts to in practice, the HFEA cites a report by Surrogacy UK indicating that surrogates typically receive £10,000 to £15,000, depending on circumstances, with extra expenses possible in a twin pregnancy. Clinic treatment costs sit on top of that.

Fertility clinics are not allowed to find a surrogate for you. The HFEA points instead to organisations including Surrogacy UK, Brilliant Beginnings, My Surrogacy Journey and Nappy Endings, and notes that many people ask a family member or friend. It suggests drawing up a written agreement for clarity while being clear that such an agreement is not legally binding.

Health risks, honestly stated

The HFEA's summary of the evidence on gestational surrogates is that the research conflicts. Some studies have found that surrogate pregnancies using an egg and sperm from the intended parents or donors carry a slightly increased risk of high blood pressure, gestational diabetes, pre-eclampsia and postpartum haemorrhage. Other studies have found no significant difference compared with non-surrogate pregnancies.

Separately, everyone providing eggs or sperm must be screened for infectious diseases including HIV and hepatitis before treatment can begin, to protect the surrogate. Donors used through a licensed UK clinic are screened automatically.

On the chance of success, the HFEA lists the factors as the surrogate's ability to conceive, the age of the woman whose eggs are used, the treatment type and sperm quality — and states that the age of the woman who provides the egg is the most important factor affecting the chance of pregnancy.

Going abroad

The HFEA is direct about the complications. Legal arrangements differ from country to country, obtaining a passport and bringing your child back to Britain can be difficult and time-consuming, and even if you are named on a foreign birth certificate as the legal parents you will still need to apply for a UK parental order, because UK law recognises the surrogate as the legal parent until one is granted. It advises consulting a lawyer before having treatment overseas. The UK government publishes its own guidance for people having a child through surrogacy, including internationally.

What to do next

1. Get independent legal advice before treatment, not after the birth. Several decisions cannot be reversed later.
2. Establish who the second legal parent will be at birth, and complete the HFEA consent forms before any transfer if you are nominating one.
3. Agree expenses in writing and keep records, since anything beyond reasonable expenses needs court authorisation.
4. Use a licensed UK clinic, particularly for partial surrogacy, for screening, traceability and legal parenthood.
5. Agree contact and disclosure expectations early — before, during and after the pregnancy, and how and when you will talk to your child about their origins.
6. Check your leave entitlement. The HFEA notes that working parents who use a surrogate are entitled to adoption leave and pay.

When to seek help

Take legal advice before any treatment begins if the surrogate is married or in a civil partnership, if any element of the arrangement is international, or if donor eggs or sperm are involved, because each changes who counts as a legal parent at birth. The application for a parental order has a fixed window after the birth and the surrogate's consent cannot be given in the first weeks, so plan for that timetable rather than discovering it. During the pregnancy, the surrogate should have the same maternity care and escalation routes as any other pregnant person, and any symptoms of raised blood pressure, pre-eclampsia or bleeding should go to her maternity team immediately.