Surrogacy is only legal where the conditions of a Parental Order are met;

• At least one of the Intended Parents is domicile within the UK from the time of the baby's birth until completion of the Parental Order process
• The Intended Parents are aged at least 18.
• At least one of the Intended Parents are genetically related to the baby (this means by their own egg or sperm, no other relationship is acceptable).
• The Intended Parents must be married to one another.

It is only in these circumstances that the arrangement will qualify as surrogacy and therefore expenses be allowed.

If you plan to help an overseas couple, then you must abide by the law. The law states again that no money should change hands, the IP’s should remain in this country once the baby is born for, a minimum of 10 weeks.

Commissioning couples, if you intend to adopt a child born in the United Kingdom, you must abide by the law of the United Kingdom and that of your country of origin/residence. In order to comply with the Adoption laws within the United Kingdom you should seek extensive legal advice prior to any pregnancy and ensure that you comply fully with those requirements.


Surrogacy UK ensures that everyone joining as a Gold Member fully understands this law, as any organisation or individual that facilitates or supports an illegal adoption arrangement is liable to fines and prison sentences.


Should Surrogacy UK become aware of illegal arrangements planned or taking place; the person/persons involved will be banned from the message boards with immediate effect and reported to the relevant authorities. Surrogacy UK does NOT support or condone any illegal activity.


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84 Giving parental responsibility prior to adoption abroad

(1) The High Court may, on an application by persons who the court is satisfied intend to adopt a child under the law of a country or territory outside the British Islands, make an order giving parental responsibility for the child to them.

(2) An order under this section may not give parental responsibility to persons who the court is satisfied meet those requirements as to domicile, or habitual residence, in England and Wales which have to be met if an adoption order is to be made in favour of those persons.

(3) An order under this section may not be made unless any requirements prescribed by regulations are satisfied.

(4) An application for an order under this section may not be made unless at all times during the preceding ten weeks the child's home was with the applicant or, in the case of an application by two people, both of them.

(5) Section 46(2) to (4) has effect in relation to an order under this section as it has effect in relation to adoption orders.

(6) Regulations may provide for any provision of this Act which refers to adoption orders to apply, with or without modifications, to orders under this section.

(7) In this section, "regulations" means regulations made by the Secretary of State, after consultation with the Assembly.

85 Restriction on taking children out

(1) A child who-

(a) is a Commonwealth citizen, or
(b) is habitually resident in the United Kingdom,
must not be removed from the United Kingdom to a place outside the British Islands for the purpose of adoption unless the condition in subsection (2) is met.

(2) The condition is that-

(a) the prospective adopters have parental responsibility for the child by virtue of an order under section 84, or
(b) the child is removed under the authority of an order under section 49 of the Adoption (Scotland) Act 1978 (c. 28) or Article 57 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).
(3) Removing a child from the United Kingdom includes arranging to do so; and the circumstances in which a person arranges to remove a child from the United Kingdom include those where he-

(a) enters into an arrangement for the purpose of facilitating such a removal of the child,
(b) initiates or takes part in any negotiations of which the purpose is the conclusion of an arrangement within paragraph (a), or
(c) causes another person to take any step mentioned in paragraph (a) or (b).
An arrangement includes an agreement (whether or not enforceable).
(4) A person who removes a child from the United Kingdom in contravention of subsection (1) is guilty of an offence.

(5) A person is not guilty of an offence under subsection (4) of causing a person to take any step mentioned in paragraph (a) or (b) of subsection (3) unless it is proved that he knew or had reason to suspect that the step taken would contravene subsection (1).

But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.
(6) A person guilty of an offence under this section is liable-

(a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both,
(b) on conviction on indictment, to imprisonment for a term not exceeding twelve months, or a fine, or both.
(7) In any proceedings under this section-

(a) a report by a British consular officer or a deposition made before a British consular officer and authenticated under the signature of that officer is admissible, upon proof that the officer or the deponent cannot be found in the United Kingdom, as evidence of the matters stated in it, and
(b) it is not necessary to prove the signature or official character of the person who appears to have signed any such report or deposition.

95 Prohibition of certain payments

(1) This section applies to any payment (other than an excepted payment) which is made for or in consideration of-

(a) the adoption of a child,
(b) giving any consent required in connection with the adoption of a child,
(c) removing from the United Kingdom a child who is a Commonwealth citizen, or is habitually resident in the United Kingdom, to a place outside the British Islands for the purpose of adoption,
(d) a person (who is neither an adoption agency nor acting in pursuance of an order of the High Court) taking any step mentioned in section 92(2),
(e) preparing, causing to be prepared or submitting a report the preparation of which contravenes section 94(1).
(2) In this section and section 96, removing a child from the United Kingdom has the same meaning as in section 85.

(3) Any person who-

(a) makes any payment to which this section applies,
(b) agrees or offers to make any such payment, or
(c) receives or agrees to receive or attempts to obtain any such payment,
is guilty of an offence.

(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £10,000, or both.