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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 Wales

Put simply, surrogacy is where a woman

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