For some couples, the path to having children leads them to use a surrogate. The process is an option for gay or straight couples who are unable to start a family. There are different types of surrogacy:-

  1. Gestational surrogacy- where a surrogate carries an embryo she is not biologically related to
  2. Traditional surrogacy- where a surrogate donates her egg as well as carrying the baby for you

It is often difficult to find a surrogate within the UK so many couples travel abroad to use a surrogate. Surrogacy is legal in many countries but you must make sure that you have legal advice to avoid any pitfalls. India has recently closed its doors to international surrogacy whilst the USA continues to be a growth area and increasingly popular destination for couples.

Once the baby is born, it is essential to apply for a parental order in order to confer legal rights on the intended parents as without this order, the English court recognises the surrogate mother (and her husband if married) as the legal parents of the child.

If you are considering using a surrogate to have a baby, we advise that you contact Natalia Lalas who has expertise in this area to advise and assist you. We have acted for clients both in England and abroad in helping them to create their families.