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04 September 2026 / Liza Gatrell
Issue: 8175 / Categories: Features , Family , Public , Child law
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Surrogacy, parenthood & public policy

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© Getty images
Liza Gatrell sets out the law as couples increasingly consider surrogacy at home & overseas
  • Covers the surrogacy laws and processes in England and Wales.
  • Looks at the growing popularity of international surrogacy arrangements.
  • Explains the High Court’s recent confirmation of the paramount importance of a child’s welfare, in a judgment on parental orders following international surrogacy arrangements.
  • Considers proposals for reform in the UK.

Though it can be legally complex and emotionally charged, surrogacy is an increasingly popular, and for many people necessary, route to parenthood. Year on year the number of parental orders made in England and Wales is increasing, with around 500 parental orders being made annually in recent years, although the number of surrogacy arrangements may be far higher than anyone can know.

Surrogacy law in the UK remains complex and the current law is far from ideal. While change is afoot, we aren’t there yet, and the legal strain of the process can weigh heavily on parents-to-be.

Surrogacy in England and

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NEWS
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
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