Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Surrogacy Arrangement definition

What does Surrogacy Arrangement mean? In practice, a surrogacy arrangement is an agreement under which a woman (the surrogate) agrees to become pregnant and carry a child with the intention that, after birth, the child will be handed over to the intended parent(s) and legal parenthood transferred. In England and Wales, Scotland and Northern Ireland, the Surrogacy Arrangements Act 1985 (as amended by the Human Fertilisation and Embryology Act 2008) provides the statutory context: an arrangement is treated as a surrogacy arrangement where, if the woman carried a child in pursuance of it, she would be a surrogate mother. Such arrangements are not enforceable, and commercial...

Applying for surrogacy parental orders in England and Wales: eligibility, procedure, consent, hearings, forms and register (HFEA 2008; FPR 2010)

Published by a LexisNexis Family expert

Practice notes

Practice Note

This Practice Note explains the process for making a parental order application under the Human Fertilisation and Embryology Act 2008 (HFEA 2008). It gives guidance on who may apply, where an application should be issued, acknowledging service, and the steps for the first directions hearing and the final hearing. It also outlines provisions on evidence of agreement, when agreement will not be required, and the parental order register. A parental order is an order by which a child is recognised in law as the child of the applicant(s) where the child was carried by a woman who is not the applicant, or not one of the applicants, following the placement in her of an embryo, or sperm and eggs, or through her artificial insemination, and the gametes of the applicant, or at least one of the applicants, were used to create the embryo, subject to certain conditions; see Conditions that must be met. The principal provisions for surrogacy arrangements are contained in the:

Surrogacy Arrangements Act 1985 (SAA 1985)
Human Fertilisation and Embryology Act 2008 (HFEA 2008)
Human Fertilisation and Embryology (Parental Orders) Regulations 2010, SI 2010/985 (SI 2010/985), revoked by the...

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Web page updated on 21/05/2026

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