A surrogacy agreement sets out the intentions of both the intended parents and the surrogate before conception or pregnancy begins.

While these agreements are not legally enforceable in England and Wales, they remain an important part of the process. A surrogacy agreement helps clarify expectations, reduces the risk of disputes, and provides a clear record of what each party has agreed. Because of the complexity of surrogacy law and the high stakes involved for everyone, specialist legal advice from a surrogacy solicitor is strongly recommended when preparing such an agreement.

You may also want to read: How does surrogacy work in the UK?

The Legal Status of Surrogacy Agreements

Under current law in England and Wales, surrogacy agreements cannot be enforced in court. This means that even if the parties sign an agreement, it will not override the legal position on parenthood. At birth, the surrogate is the legal mother of the child, and if she is married or in a civil partnership, her spouse or partner will usually be the other legal parent. Intended parents must later apply for a parental order to transfer legal parenthood.

Even though the agreement itself cannot create legal rights, it is still highly valuable. In the event of a dispute, Courts may take the agreement into account when considering what is in the best interests of the child, and it provides a clear framework for how the arrangement should work in practice. It ensures everyone involved, understands what they are agreeing to from the outset which is crucial when embarking on what can be a complex and emotionally challenging arrangement.

What Should You Include in a Surrogacy Agreement?

Any surrogacy agreement should cover key aspects of the arrangement so that both the surrogate and the intended parents understand their roles and responsibilities. Here are some important areas you may want to consider addressing in the agreement:

• Expenses: The law allows surrogates to be paid for reasonable expenses only. An agreement should set out what will be covered, such as medical costs, travel, maternity clothing, or loss of earnings.
• Medical decisions: The parties should discuss how medical care during pregnancy will be handled and how decisions will be made in consultation with healthcare professionals.
• Contact during pregnancy: Expectations around communication, attendance at appointments, and involvement of the intended parents during pregnancy should be agreed in advance.
• Birth arrangements: The agreement should outline who will be present at the birth and what should happen immediately afterwards, including handover of the baby.
• Future contact: Some surrogates and intended parents agree to maintain contact after the birth, and the nature of this contact can be addressed in the agreement.

Why You Should Always Take Legal Advice

Although surrogacy agreements cannot be enforced like a contract, they sit within a complex area of law that balances parental rights, public policy, and the welfare of the child. Without legal advice, intended parents may misunderstand their position or fail to prepare properly for the parental order process. Experienced solicitors can explain the limits of the agreement, advise on how to draft it in line with the law, and ensure that everyone involved is making informed decisions.

How Tyrer Roxburgh Solicitors Can Help

At Tyrer Roxburgh, our surrogacy law solicitors have extensive experience guiding intended parents and surrogates through the surrogacy process. We can help you understand the purpose of a surrogacy agreement, advise on what to include, and support you with the necessary legal steps to secure parental rights. If you are considering surrogacy, contact Tyrer Roxburgh today to discuss your options and get expert legal advice tailored to your circumstances.