How Does International Surrogacy Compare To The UK?
Jill Bulteel, Director and Head of JCP Solicitors’ Family Law Team and specialist in Surrogacy Law, explains the risks and realities of international surrogacy compared to UK arrangements and why it’s essential to seek legal advice before taking the next step.
The UK is seeing more and more people explore surrogacy as a way to grow their families. With around 400 babies born through surrogacy in the UK each year, it’s a path that’s becoming more recognised and understood.
But when it comes to going abroad for surrogacy, the legal picture can become far more risky and complicated.
Surrogacy in the UK: A Careful, Regulated Option
In the UK, the law allows intended parents to reimburse a surrogate only for her reasonable expenses such as travel, maternity clothing, and medical appointments. This ensures the process remains ethical and focused on the welfare of all involved.
By contrast, many international arrangements, especially in the United States, involve significantly higher payments. Surrogates there can be compensated between $30,000 and $80,000, plus expenses.
While this may appear straightforward, the reality is more complex.
Why the United States Isn’t as Simple as It Seems
The United States is often seen as one of the safest options for international surrogacy, thanks to established legal frameworks in certain states. But legal and political changes could affect even the most secure arrangements.
Recent developments under President Trump’s administration have introduced new uncertainties, particularly in three areas:
- Immigration and Citizenship: A child born in the United States currently receives automatic citizenship. However, President Trump has signalled that ‘birthright citizenship’ could be limited, which would affect how easily parents can obtain a UK passport for their baby and return home.
- Legal Recognition: Changes in LGBTQ+ protections could make it harder for same-sex couples to have both parents legally recognised in United States surrogacy documents.
- Healthcare Costs: With ongoing opposition to the Affordable Healthcare Act, fewer insurance plans may cover pregnancy and surrogacy-related costs, increasing financial risk for parents and surrogates alike.
What About Surrogacy Elsewhere?
Many other countries are tightening laws too. For instance, Italy now treats surrogacy as a criminal offence under 2024 legislation, and surrogacy remains illegal in France, Germany, Spain, Austria, Sweden, Norway, Switzerland, and others.
Even where surrogacy is legal, navigating international law can still cause major problems.
One example is the recent case of Baby Z, where a UK father worked with an international agency to arrange a birth in Moldova, a country where surrogacy is prohibited. The case ended up in the High Court, creating unnecessary stress, legal uncertainty, and likely high costs for the family.
A Safer Way Forward
The safest and most legally secure option is often to stay in the UK. Although the process here is more tightly controlled, it’s also better regulated, with clear steps to ensure the wellbeing of everyone involved.
Surrogacy can be a complex and emotional journey, which is why it is vital to have the right legal advice from the very beginning. A trusted solicitor will help you understand your options, reduce risk, and support you in building your family.
At JCP Solicitors, we provide tailored legal guidance for individuals and couples exploring surrogacy - whether in the UK or abroad. We take the time to listen, understand your goals, and help you move forward with confidence.
If you need advice from JCP Director and Family Law expert, Jill Bulteel, on any aspect of surrogacy law or complex children matters, please contact us on 03333 208644 or email hello@jcpsolicitors.co.uk.