The UK surrogacy law is creaking at the seams as demand for surrogacy has doubled over the past decade, leaving families and surrogates without adequate legal protection. According to new figures, nearly 1,000 children were born to surrogates in 2025, double the number in 2015, driven by rising infertility, growing numbers of gay couples seeking parenthood, and shifting cultural attitudes.
Why UK Surrogacy Law Needs Urgent Reform
Current legislation requires the surrogate to be listed as the legal mother on the birth certificate, forcing intended parents to apply for a parental order after birth—a process that can take months. This outdated framework creates emotional and legal uncertainty for all parties. A Law Commission review in 2023 recommended giving legal parenthood to intended parents from birth, but the government has not prioritized the changes.
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The Rising Demand for Surrogacy in the UK
Applications for parental orders reached over 980 in 2025. Of those, 150 children were born domestically, while the majority were born abroad in countries like the US, Ukraine, Nigeria, Georgia, Colombia, and Mexico—where surrogates can receive a fee, unlike the UK's expense-only model. UK surrogacy agencies report being busier than ever, with Brilliant Beginnings turning away new intended parents due to a shortage of surrogates.
Key Comparison: UK vs. International Surrogacy
| Aspect | UK Surrogacy | International Surrogacy |
|---|---|---|
| Payment to surrogate | Expenses only | Fees allowed |
| Legal parenthood at birth | Surrogate is legal mother | Varies by country |
| Parental order process | Required, takes months | May be simpler |
| Regulatory oversight | Minimal | Varies |
How the Law Affects Surrogates and Families
Experts say the current system deters many prospective surrogates who do not wish to be a child's legal mother. The delay in obtaining parental orders can cause distress and uncertainty for new families. The Law Commission also recommended pre-conception medical and safeguarding screening along with greater regulatory oversight of surrogacy agencies.
- Parental orders can take months to finalize, leaving intended parents in legal limbo.
- Expense-only model limits the pool of available surrogates in the UK.
- International surrogacy exposes families to varying legal standards and risks.
- Regulatory gaps allow unlicensed agencies to operate without oversight.
- Children's welfare is at stake when legal parentage is unclear at birth.
FAQ
What is the current UK surrogacy law?
Under UK law, the surrogate is recognized as the legal mother at birth. Intended parents must apply for a parental order after the child is born, which can take several months.
Why is UK surrogacy law considered outdated?
The law has not kept pace with rising demand and modern family structures. The requirement for a parental order creates delays and emotional stress, and the expense-only payment model limits the number of available surrogates.
What changes has the Law Commission recommended?
The 2023 review recommended granting legal parenthood to intended parents from birth, better regulatory oversight of agencies, and mandatory pre-conception medical and safeguarding screening.
How many surrogacy births are happening abroad?
Of the nearly 1,000 children born via surrogacy in 2025, around 830 were born abroad, mainly in the US, Ukraine, Nigeria, Georgia, Colombia, and Mexico.
The call for reform grows louder as families continue to navigate a legal system that experts describe as 'creaking at the seams'. Without urgent legislative action, both surrogates and intended parents will remain vulnerable to uncertainty and distress.
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