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Suzi Denton
Suzi Denton
Date Published: 7 Nov 2018
Last Updated: 5 Mar 2019

Surrogacy agreements – are they legally binding?

Fertility Law Surrogacy agreements – are they legally binding?

If you are having a baby through surrogacy in the UK any written surrogacy agreement you have in place won’t be legally binding or enforceable under surrogacy UK law and in fact, it’s illegal for a solicitor to help to draw up an agreement.

This isn’t very comforting for both the surrogate and the intended parents and can leave everyone feeling a little uneasy. The lack of certainty around the arrangement can be unnerving, and make you all feel vulnerable.

Create your own surrogacy agreement

It is still really a good idea to have a written surrogacy agreement in place before you conceive. Although it’s not going to be legally binding, the process of working through a written document together will help you to explore all of the important issues in more detail. Having a written framework to help facilitate your discussions is useful, and it can help to focus your minds. When you are working on your agreement, you will be led to have conversations that may be difficult, but it’s best to address tricky issues before you embark on your surrogacy journey together.

If you are planning a surrogacy journey or have a baby through surrogacy and would like legal advice please visit our fertility services page or contact our highly specialist Fertility Team who will be able to assist. Call our expert team on 01202 525333 or send us an email enquiry at fertility@ellisjones.co.uk.

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Suzi Denton
Suzi Denton