The Department for Health and Social Care has issued new guidance intended to help those considering becoming parents via surrogacy, referred to as the Surrogacy Pathway.  

The guidance includes a suggestion that the intended parents should enter into a comprehensive written agreement with the surrogate beforehand about the key terms of their arrangement. However, it is vital to be aware that these agreements are not legally binding. Under the law as it stands, the surrogate remains the legal parent of the child until the intended parents obtain a court order transferring legal parenthood to them, which they cannot do until after the child has been born.

The law around surrogacy is complex and the risks to hopeful parents are considerable. If this is something that you, or anyone you know, needs advice on, then please do get in touch.