The legal reality of surrogacy and modern families
Parklane Plowden family law barristers Katherine Goss and Martin Kingerley KC, and head of the Family team Julia Nelson, are joined by Shanika Haynes and Cheryl Grace, partners at Stowe Family Law, to explore the current legal framework governing surrogacy in England and Wales, examining how well it reflects modern family creation.
Many intended parents are surprised to learn that, under current law, the surrogate is the child’s legal parent at birth, even where there is no biological connection.
Intended parents only become legal parents once a parental order is granted by the court, and this cannot be applied for until at least six weeks after the child is born. During that interim period, families can feel uncertain and legally exposed.
Importantly, surrogacy agreements are not legally enforceable in the UK. While most arrangements proceed smoothly, the law does allow a surrogate to change her mind, which can lead to stressful and emotionally difficult disputes if expectations have not been properly managed.
Drawing on extensive professional experience, the speakers emphasise that while surrogacy is increasingly common, the law has not kept pace with social and medical developments.
Common misconceptions are discussed, such as the belief that surrogacy contracts secure parenthood or that payment guarantees outcomes, and how informal arrangements can also pose significant risks, including unintended legal parenthood and liability for child maintenance.
The podcast also highlights how current legislation struggles to reflect modern family structures, with same-sex couples, unmarried couples and transgender parents facing potential additional legal hurdles.
Alongside the parental perspective, the speakers also emphasise the long-term importance of openness, planning, and safeguarding the child’s welfare not just at birth, but throughout their life.
