National Surrogacy Week: Celebrating Families and Raising Awareness

By Mark Treacy

Associate

National Surrogacy Week is a chance to recognise the people at the heart of surrogacy, surrogates, intended parents, children and the professionals who support them, while encouraging informed, compassionate conversations about how families are formed across the UK.

The demand for surrogacy is growing rapidly, and recent figures suggest that there were just under 1,000 children born via surrogacy in 2025, which is double the figures in 2015. Recent data also shows that the applications for parental orders have increased significantly and reached more than 980 in 2025.

The current legal position

Surrogacy is legal in the UK and the main legislation which governs surrogacy arrangements are the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008. Commercial surrogacy and third-party advertising are prohibited, and surrogacy arrangements themselves are not legally enforceable.

One of the most important points for intended parents to understand is that the surrogate is the child’s legal mother at birth, regardless of genetics or the parties’ intentions. If the surrogate is married or in a civil partnership, her/their spouse or civil partner may also be treated as a legal parent at birth. Intended parents usually need to apply to the Family Court for a parental order to transfer legal parenthood to them.

This legal gap can feel unsettling for families because the child may be living with the intended parents before the law formally recognises them as the legal parents. It is one reason why specialist advice, careful preparation and clear communication are so important before any surrogacy arrangement begins.

The legal framework for surrogacy is very complex and archaic. Therefore, it is always advisable to seek legal advice before you venture on your surrogacy journey and during the process.  

Practical considerations for intended parents and surrogates

Anyone considering surrogacy should take time to understand the legal, emotional, medical and practical issues involved. Key considerations include:

  • Taking specialist legal advice before entering into any arrangement.
  • Understanding who will be recognised as the child’s legal parents at birth.
  • Considering the parental order process and the timing of any application.
  • Discussing expenses, expectations and boundaries clearly and sensitively.
  • Accessing counselling and emotional support where appropriate.
  • Thinking carefully about international arrangements, immigration issues and recognition of parenthood across borders if there you are using a surrogate who lives outside of the UK.

Why National Surrogacy Week matters

National Surrogacy Week was founded to raise awareness, educate the public and celebrate good practice within the UK surrogacy community. It is a week for sharing real experiences, challenging misconceptions and highlighting the care, trust and planning that is required during the surrogacy journey.

For some individuals and couples, surrogacy may be the only realistic route to having a child who is genetically connected to them. For others, it is a pathway to parenthood after infertility, illness, repeated pregnancy loss, medical treatment, or because they are in a same-sex relationship or are a single intended parent. Whatever the circumstances, surrogacy is deeply personal and deserves to be discussed with sensitivity and accuracy.

If you are considering exploring surrogacy and would like further advice on the process and how to obtain a parental order, please do get in touch.