Suzi Denton
Associate Solicitor
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Date Published:06 Nov 2018 Last Updated:14 Apr 2021

Surrogacy agreements – are they legally binding?

Fertility Law

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.