National Surrogacy Week: A holistic approach to supporting families

Surrogacy is a meaningful route to parenthood for many families in the UK and across the world. As we mark the end of National Surrogacy Week, it’s important to recognise not only the emotional and personal journey that intended parents and surrogates embark on, but also the legal and practical steps that help turn hope into reality. Every surrogacy story is unique, and understanding the legal landscape can make the process smoother and more empowering for everyone involved.

A truly holistic approach to surrogacy brings together a team of professionals—immigration, family, and private client lawyers—who understand the nuances of each family's journey. At Irwin Mitchell, we work collaboratively to ensure that intended parents feel supported, informed, and confident from the very beginning. Our goal is to make the legal process feel less daunting and more like a natural part of building your family.

International Surrogacy and Immigration Law

International surrogacy arrangements can be highly complex. At Irwin Mitchell, our immigration team offers expert guidance in managing the intricacies of visas and nationality elements to minimise the time spent outside the UK. 

In many cases, the child born overseas does not acquire British nationality automatically, even where one or both intended parents are British citizens. This can create substantial legal and practical hurdles for families wishing to return to the UK with their newborn.

We provide essential advice on elements including:

• Eligibility for British citizenship, certificates of entitlement, or permission to enter for the child.
• Assistance with passports, registration, and visa applications, including advising on the necessary supporting documentation.
• Strategies to expedite the process of bringing the child home, minimising time spent abroad during a stressful period.

Proactive immigration advice can prevent unnecessary separation of families, financial strain, or the distress of a child being rendered stateless or unable to travel. 

We understand that navigating international surrogacy can feel overwhelming, especially when you're focused on welcoming your child into the world. That’s why our immigration team is here to guide you through each step, helping you avoid delays and ensuring your family can be together as soon as possible.

Family Law and Parental Rights

The cornerstone of any surrogacy journey is the legal recognition of parenthood. In the UK, the person who gives birth to a child is recognised as the legal mother, regardless of genetic connection. This means that, in the case of surrogacy, intended parents must apply for and obtain a Parental Order from the court in order to become the child’s legal parents. 

Family lawyers play a crucial role throughout the surrogacy journey in advising intended parents on eligibility to apply for a Parental Order, preparing the Parental Order applications, and guiding them through the procedural requirements. This involves:

• Advising intended parents about the legal implications (ideally at the beginning of the journey), particularly as many fertility clinics require confirmation that legal advice has been obtained prior to an embryo transfer.
• Preparing essential documentation within the necessary time frames, including the Parental Order application form.
• Supporting parents through court hearings and overseeing the preparation of witness statements and supporting documents.
• Liaising with Parental Order Reporters, whose recommendations will inform the final decision of the court.

We know that the legal recognition of parenthood is one of the most important milestones in your surrogacy journey. Our family law team is not only here to handle the paperwork and court procedures—we’re here to offer reassurance, answer your questions, and make sure you feel supported every step of the way.

Our family law team have a UK leading adoption and surrogacy team who have successfully supported numerous families with this process. 

Wills, Trusts, and Private Client Considerations

Surrogacy arrangements raise important questions about family security and succession. Intended parents often wish to update or create wills and trusts to reflect their new family structure, protect their child, and ensure clarity should unforeseen events occur, particularly whilst going through the court process to obtain a Parental Order or to appoint Guardians should anything happen to the parent/s prematurely. Recent case law has indeed highlighted that the court consider financial planning a necessity where intended parents are of an advanced age.

Planning for your family’s future is a natural part of becoming a parent. Whether it’s updating your will, setting up a trust, or appointing guardians, our team can help you put the right protections in place. These conversations may feel sensitive, but they’re an important way to ensure your child’s wellbeing and your peace of mind.

Our Wills, Trusts and Estates experts provide a strategy that ensures peace of mind and safeguards the interests of all family members.

Irwin Mitchell Solicitors: A Collaborative Model of Support

The best outcomes for families pursuing surrogacy are achieved with the support of a legal team that works collaboratively with family, immigration, and private client solicitors. This team-based approach enables advisors to anticipate and address the full range of legal, practical, and emotional challenges that arise throughout the surrogacy journey.

At the very outset of your journey, our teams come together to provide you with advice and support tailored to your individual circumstances. Our holistic approach ensures that a complex and emotional process is made simple and straightforward for the families we support. 

For further advice on surrogacy and to discuss your individual needs, contact our specialist legal team with experience in supporting families through every stage of the surrogacy process.