Why LGBTQ+ Individuals and Couples Need a Solicitor for a Surrogacy Agreement

As we mark Pride Month, Browell Smith & Co is proud to celebrate and support the LGBTQ+ community through the specialist legal services we provide. We recognise that every family is unique, and we are committed to helping individuals, couples and families navigate life’s most important milestones with confidence, compassion and expert legal guidance.

For many LGBTQ+ people, surrogacy offers an exciting and life-changing pathway to parenthood. Advances in fertility treatment, growing awareness of family-building options, and increasing social acceptance have enabled more LGBTQ+ individuals and couples to realise their dreams of starting or expanding a family through surrogacy. However, despite its growing popularity, the legal framework surrounding surrogacy in England and Wales remains complex and often misunderstood.

At Browell Smith & Co, we understand the unique legal considerations that LGBTQ+ intended parents may face throughout their surrogacy journey. Obtaining specialist legal advice at an early stage can help provide clarity, minimise uncertainty, and ensure that all parties involved are fully informed about their rights, responsibilities and expectations.

In this article, we explore why instructing a solicitor before entering into a surrogacy arrangement can help protect your interests, reduce the risk of complications, and provide greater certainty as you take this important step towards building your family.

Understanding the Legal Position of Surrogacy in England and Wales

Many intended parents are surprised to learn that surrogacy agreements are not legally enforceable in England and Wales. While a written agreement can set out the expectations and intentions of everyone involved, the courts cannot compel either party to comply with its terms.

Furthermore, the person who gives birth to the child is recognised as the child’s legal mother at birth, regardless of genetics. If the surrogate is married or in a civil partnership, their spouse or civil partner may also acquire legal parenthood in certain circumstances.

As a result, intended parents must apply for a Parental Order after the child’s birth to transfer legal parenthood.

Given these unique legal considerations, obtaining specialist legal advice from the outset is highly recommended.

Why a Surrogacy Agreement Still Matters

Although surrogacy agreements are not legally binding, they remain an important part of any surrogacy arrangement. A carefully drafted agreement can help ensure that all parties have openly discussed and documented key issues, including:

• Expectations during the pregnancy
• Medical treatment and decision-making
• Communication arrangements
• Financial arrangements and expenses
• Birth plans
• Contact after the child’s birth
• The intended Parental Order application

A solicitor can help ensure these discussions take place and that the agreement accurately reflects the intentions of everyone involved.

Protecting LGBTQ+ Intended Parents

For LGBTQ+ intended parents, legal advice can be particularly valuable because family structures may not always fit traditional legal assumptions.

A solicitor can advise on:

Parentage and Parental Responsibility

Understanding who will be recognised as the child’s legal parents at birth is essential. The position can vary depending on:

• Whether the surrogate is married or unmarried
• Whether donor sperm or eggs are used
• The relationship status of the intended parents
• The conception method used

Specialist advice helps intended parents understand their legal position before the child is born and prepare for the Parental Order process.

Donor Arrangements

Where donor sperm, eggs, or embryos are involved, additional legal considerations may arise regarding parenthood and future rights. A solicitor can help ensure that the intended family structure is properly protected.

International Surrogacy

Some LGBTQ+ intended parents choose international surrogacy arrangements. However, overseas arrangements can create significant immigration, nationality, and parenthood issues when bringing a child to the UK.

Obtaining legal advice before entering into an international arrangement can help identify potential risks and avoid costly delays later.

Minimising the Risk of Disputes

Most surrogacy journeys proceed smoothly, but misunderstandings can occur. Issues may arise regarding expenses, medical decisions, communication expectations, or post-birth arrangements.

A solicitor can help facilitate clear discussions at an early stage, reducing the likelihood of disputes and ensuring that everyone involved understands their roles and responsibilities.

Guidance Through the Parental Order Process

Obtaining a Parental Order is one of the most important legal steps for intended parents following the birth of a child through surrogacy.

The court will consider several factors, including:

• The relationship between the intended parents and the child
• The consent of the surrogate
• Payments made to the surrogate
• The child’s welfare

A solicitor can guide intended parents through the application process, ensure deadlines are met, and provide representation where required.

The Importance of Early Legal Advice

Seeking legal advice before entering into a surrogacy arrangement allows potential issues to be identified and addressed from the outset. Early planning can provide reassurance, reduce uncertainty, and help all parties move forward with confidence.

For LGBTQ+ individuals and couples embarking on a surrogacy journey, specialist legal support can be invaluable in navigating the legal complexities and protecting the future of your family.

How We Can Help

Our experienced family law solicitors advise intended parents, surrogates, and donors on all aspects of surrogacy law in England and Wales. We provide practical, sensitive, and tailored advice to help clients navigate the legal process with confidence.

If you are considering surrogacy or are already involved in a surrogacy arrangement, contact our team today to discuss how we can support you throughout your journey to parenthood.