Surrogacy doubles over a decade with intended parents calling for a change in the law

The number of people in Britain turning to surrogacy each year to start a family has almost doubled in a decade, according to new Ministry of Justice data obtained through a Freedom of Information* request.

Parental Order applications, the legal process that transfers full parental rights from a surrogate to the intended parent or parents, have risen 90% from 399 in 2016 to 758 between April 2025 and March 2026.

The trend shows no sign of slowing, with 232 applications submitted in the first three months of this year alone. In total 5,763 private law Parental Order applications have been made over the last 10 years, with 4,962 successfully granted.

The FOI figures obtained by WSP Solicitors come at a time when intended parents, the legal profession and the Law Commission are calling on PM, Andy Burnham for radical changes to the law to bring it in line with modern family life, the limitations surrounding fertility treatment in the UK, and the growth of international surrogacy.

These changes, proposed under a new domestic surrogacy pathway, would see intended parents recognised as legal parents from birth, introduce legally binding surrogacy agreements, and require mandatory background checks before a pregnancy begins.

Last year the previous government said it will not be prioritising any changes to the law and this autumn the debate returned to parliament following a national petition which received over 110,000 signatures. These fresh calls for the law to recognise the parents of surrogate babies as legal guardians from birth were again rejected, with the government saying it is not in a position to bring forward legislation on surrogacy reform immediately.

Sophie Smith, 40, and her husband, who became parents through surrogacy in 2020 after seven years of infertility and pregnancy loss, is one such couple calling for the UK’s Parental Order process to be modernised. After seven miscarriages, two ectopic pregnancies and the removal of both fallopian tubes, the couple’s hopes of starting a family were transformed when Sophie’s best friend, Emiliana Hall, offered to become their surrogate.

Although the journey meant they could become parents, Sophie says one of the hardest moments was not being legally recognised from birth, despite being their son’s genetic parents.

“The biggest thing was that we weren’t named on our son’s original birth certificate and that our surrogate was legally recorded as his mother. Until a Parental Order is granted, intended parents can find themselves in the difficult position of caring for and raising their child without being recognised as their legal parent. While there was never any question of our surrogate’s intentions, it was unsettling knowing that the legal position did not reflect the reality of our family and that our parental rights had not yet been formally secured,” Sophie said.

“We understood it was simply the current legal process, but it definitely felt outdated and emotionally challenging whilst we waited eight months for the paperwork to be completed and for our child to be legally recognised as ours.”

She adds: “Without hesitation, I would change the law so that the intended parents are recognised as the legal parents from birth and their names appear on the birth certificate from the outset. This would better reflect the reality of the child’s family from day one and remove the unnecessary emotional stress of loving and caring for a child that in the eyes of the law isn’t yours.”

Lydia Andrews, a specialist surrogacy lawyer at WSP Solicitors, says the system can be relatively straightforward in the simplest UK-based cases, but can become difficult quickly where agreements are private or commercial, a child is born abroad, or where key documentation and consent records are difficult to obtain.

“UK surrogacy law is technical and can be very tricky to navigate,” says Andrews. “Two of the biggest challenges, both highlighted in the Law Commission’s proposals, are the status of surrogacy agreements and the point at which intended parents are granted legal responsibility for the child.

“Currently, surrogacy agreements are not legally binding in the UK, meaning neither the surrogate nor the intended parents are required to follow what was agreed before conception. This can create uncertainty around expenses, post-birth contact and, in rare cases, when the intended parents will take on the care of the child. Making agreements legally binding, alongside stronger safeguards such as medical checks for surrogates and background checks for intended parents, would give everyone greater clarity and protection from the outset. This would also support more people in having a baby through surrogacy in the UK rather than abroad.”

More than half of children born through surrogacy to intended parents in Britain are born abroad due to the cost of fertility treatment and current complex laws. The U.S. and eastern Europe are among the most popular destinations which raises issues around nationality, passports, UK domicile rules and formal consent from the surrogate after birth.

Andrews continues: “More intended parents are using international surrogacy because it can be cheaper with better legal rights and protections than in the UK. However, it does present practical and legal challenges such as how to obtain a passport for your baby and what their nationality be in law on birth, so ensure to plan for time overseas while these documents and applications are processed.

“Once you’re in Britain, UK law applies so even if you may be legally your child’s parent in the country where they were born, you probably aren’t their legal parent here and you must still obtain a Parental Order. To apply at least one of the intended parents must be domiciled in the UK meaning they must have a permanent legal connection to the UK. Your surrogate will also need to give formal consent to allow your child to remain with you, which can’t be given until 6 weeks after birth.”

Parental Orders typically take between six and 12 months, and nearly all are dealt with in the High Court.

Andrews says: “As more families turn to surrogacy, UK law especially around Parental Orders is outdated. Despite some updates in 2008, it was first written in 1985 and doesn’t reflect modern family life. A simpler process, clearer rules and stronger safeguards would make surrogacy safer and fairer for everyone involved.”

Sophie’s surrogate, Emiliana, also founder of The Mindful Birth Group adds: “The legal framework is vital, but surrogacy also needs to be looked at holistically. Intended parents and surrogates need clear information, emotional support, practical preparation for birth and postnatal care, and space to understand how the journey may affect everyone involved.

“For instance, currently, there is no NHS-wide policy requiring intended parents to be included in pre- and postnatal classes. Instead, this is managed by individual trusts, meaning the education, preparation and care available can vary significantly from one region to another. For many families looking at surrogacy, this makes support feel like a postcode lottery. Reform should make the legal process clearer, but it should also ensure families feel informed, respected and supported before, during and after birth.”