Solicitor Advocate, regularly instructed in high value cases and cases with international elements
PartnerSusie Mountain
Partner in our Aberdeen team, and accredited specialist in family law, child law and mediation
PartnerGarry Sturrock
Leads the Highland & Islands family team as an accredited specialist in all aspects of family law
PartnerSarah Lilley
Surrogacy is legal in Scotland, but there are a stringent set of rules on how a surrogacy arrangement should operate. It is therefore important to properly understand the legal implications of entering into a surrogacy arrangement.
Specialist surrogacy legal advice
Surrogacy raises complex and often highly sensitive legal issues. Specialist advice helps clarify avoid uncertainty around parentage and can protect those involved by ensuring that any surrogacy arrangement complies with reflects current law.
As a full-service law firm, our team can call upon colleagues with expertise in other practice areas, such as immigration law, who can provide input on cases involving cross border surrogacy arrangements. We offer joined up advice which is tailored to each situation.
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Understanding surrogacy law in the UK and internationally
Surrogacy law in the UK and Scotland can be complex, with strict rules around legal parenthood, parental orders, expenses and international arrangements. Our surrogacy lawyers can provide clear guidance from the outset, helping intended parents and surrogates understand their rights, responsibilities and the steps involved.
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There is a clearly defined legal framework regulating surrogacy arrangements in the UK, including in Scotland. Surrogacy agreements are not legally enforceable, meaning the courts will not compel either party to proceed with a surrogacy arrangement if a dispute arises. The law also prohibits commercial surrogacy, allowing only payment of the surrogate’s reasonable expenses unless a court authorises additional sums as part of a parental order application. For that reason, it is important to take advice at an early stage so that expectations are clear and the arrangement is structured appropriately.
When a child is born via surrogacy, the surrogate is the child’s legal mother. If the surrogate is married or in a civil partnership, her spouse or civil partner will usually be recognised as the other legal parent. The intended parents must apply to the court for a parental order to transfer legal parenthood. This is a key part of the surrogacy process ,and the parental order can only be granted if certain criteria are met. Crucially, there must be a genetic link between the child and at least one of the intended parents.
International surrogacy introduces further complexity, as foreign jurisdictions may have different rules on key aspects of surrogacy such as legal parenthood, payments to surrogates, and the enforceability of surrogacy agreements. Intended parents may also face difficulties obtaining the necessary immigration clearance to bring the child into the UK. Getting advice at an early stage can help ensure any issues are identified and addressed in advance of making the parental order application.
How our surrogacy lawyers can help you
Our surrogacy lawyers provide clear, tailored advice to clients at each stage of the process, including advising on surrogacy arrangements and applying for a parental order. The latter involves advising on eligibility, preparing documentation and guiding you through the process so that legal parenthood is properly established.
We also advise on issues that often sit alongside surrogacy. Where arrangements involve more than one country, our employment law and immigration law colleagues can help address immigration and nationality considerations. We also work with colleagues in our private client team to ensure that wills are updated and future care arrangements are in place. We can also provide guidance on parental responsibilities so that the child’s legal position is clear from the outset.
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Thank you again for all your hard work and support. I have very much appreciated it and I genuinely could not have asked for anyone better to act on my behalf.
Client testimonial
The surrogacy process: step by step support
Our lawyers help intended parents and surrogates navigate each stage of the surrogacy process.
Planning the surrogacy arrangement
Surrogacy begins with an agreement between the surrogate and intended parents, although such agreements are not legally enforceable in the UK.
Conception and pregnancy
The arrangement progresses through fertility treatment and pregnancy, with legal parenthood prescribed by law, and not determined by genetics.
Birth of the child
At birth, the surrogate is the legal mother of the child, and her spouse or civil partner may be the second legal parent.
Post-birth legal position
Intended parents have no automatic legal rights immediately after birth and cannot be recognised as the child’s legal parents until a parental order is granted.
Applying for a parental order
Intended parents must apply to court for a parental order to become the child’s legal parents.
Timing and consent requirements
The application must be made between six weeks and six months after the child’s birth, and requires the surrogate’s consent. In certain circumstances, the court can consider an application made after six months.
Grant of the parental order
Once granted, the parental order transfers legal parenthood and parental rights from the surrogate to the intended parents.
Why choose Brodies as your surrogacy lawyers
We have experience of advising on complex UK and cross border surrogacy matters, including working with same sex couples and single intended parents.
We offer a client focused approach, with clear advice, transparent costs and straightforward communication.
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International surrogacy
For international surrogacies, it is important to be advised carefully on the differences in surrogacy arrangements entered elsewhere in the world and what you can or cannot do as part of that arrangement. It is important to plan ahead and consider issues which may arise when returning to the UK.
Because of our connections with family lawyers based around the world, and our in-house immigration expertise, we can provide coherent guidance to intended parents planning to enter an international surrogacy arrangement.
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Pathways to parenthood
Sarah Lilley, accredited child law specialist and partner, explores the legal aspects of adoption, surrogacy and assisted reproduction, highlighting the different routes to parenthood and the support available from family law specialists.
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Their thoroughness, internal coordination and genuine personal touch made a real difference. I was never treated like just another client, but rather I felt heard, understood and supported. They were very proactive, they provided immediate response to any queries or concerns, and they were hugely supportive and genuine.
Chambers UK 2026
As a firm, Brodies has taken the approach that you are the very centre of the process. You are given the feeling from the first engagement that you are important and very much cared for.
Legal 500 2026
Surrogacy FAQs
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What is surrogacy?
Surrogacy is where a surrogate mother carries a child for intended parents as part of an arrangement entered between them. The surrogate (and her spouse) will continue to be the child’s legal parent until a court orders otherwise and will have parental rights and responsibilities in relation to the child as a result.
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What does a surrogacy lawyer do?
A surrogacy lawyer advises on all aspects of the surrogacy process, including surrogacy agreements and parental order applications, guiding intended parents through UK and international surrogacy law. We can also offer advice to prospective surrogates.
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What are the legal requirements for obtaining a parental order in the Scotland where a child is born via surrogacy?
In Scotland, there to be a genetic link between the surrogate and at least one of the intended parents. Payments to surrogates are generally limited to reasonable expenses only, and intended parents only become the legal parents of the child once a parental order is granted.
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What should I look for in a surrogacy lawyer?
Choosing a surrogacy lawyer with fertility law expertise, parental order experience, and compassionate guidance will ease your complex journey. Contact a Brodies family lawyer today for tailored advice.
Surrogacy key highlight
- Lisa Girdwood regularly presents at national conferences on issues concerning child law including surrogacy.
Get in touch with a member of our Family team
Our surrogacy lawyers, family solicitors and mediators are personable and approachable. Our objective is to resolve matters for you as efficiently as possible, so that we can get the best outcome for you and your family.
