International surrogacy offers hope and opportunity for many growing families, but it also presents complex legal terrain – especially when crossing borders. Navigating different jurisdictions, parental rights and immigration hurdles can be daunting. This is where proper preparation, particularly in relation to the legal requirements, is essential.
No matter what stage you are in the process, here are some essential tips to set your journey on the right track.
1. Understand the legal framework of the destination country
Surrogacy laws vary drastically across the world. For example:
- some countries ban surrogacy outright, such as France and Germany
- others allow only altruistic surrogacy, like Canada or the UK
- commercial surrogacy is legal in some places, like certain states in the US.
It’s important to understand whether a surrogacy agreement is possible and legally recognised in the jurisdiction where the surrogate is based. These agreements can be helpful in setting out intentions with regard to the roles and expectations of all parties, compensation (where legal), and medical decision-making processes.
Tip: Consult a local solicitor in both the destination country and the country in which the surrogate is based to understand surrogate rights, enforceability of agreements and court recognition of intended parents.
2. Secure your legal status in the UK (or your home country)
In the UK, the surrogate is considered the legal mother at birth – even if she has no genetic link. The intended parents must apply for a Parental Order after the child is born to gain full parental rights.
Tip: In order to apply for a Parental Order there are a number of criteria that need to be met, including:
- the surrogate’s full consent
- at least one of the intended parents must have a genetic link to the child (in most cases)
- the child to reside with you
- a detailed application with supporting evidence.
3. Plan for immigration and citizenship hurdles
Bringing your child home isn’t always straightforward. Depending on the jurisdiction:
- your child may not automatically acquire your citizenship. You will need to apply for a visa, passport, or travel documents post-birth before being able to travel back to the UK
- Home Office approved DNA testing may be required.
Tip: Contact immigration experts before birth to understand timelines, paperwork, cost and embassy requirements.
4. Choose a reputable international surrogacy agency
Not all agencies are created equal. Do your homework and:
- review transparency of fees
- ensure proper screening of surrogates
- check past client testimonials.
Tip: Be wary of agencies promising shortcuts or minimal paperwork—legal safeguards are essential.
5. Don’t overlook emotional and cultural dynamics
Surrogacy is deeply personal and emotionally charged. International arrangements layer in cultural norms, language barriers, and expectations.
Tip: Build a relationship of trust with your surrogate, understand cultural sensitivities and consider counselling to support everyone involved.
The Birketts view
International surrogacy can be incredibly rewarding, but without proper legal preparation it can also become overwhelming. Early legal advice can ensure your parental rights are secured, your child’s citizenship is protected, and your journey into parenthood begins with confidence.
If you would like any assistance with any of the above, please contact our Modern Families Team and our Immigration Team.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at August 2025.