Surrogacy in the USA
Guidance, law and latest news for British parents having children through surrogacy in the USA
– from the UK’s leading surrogacy lawyers
Explore our US surrogacy content hub
Our US surrogacy content hub has a wealth of free information and resources about how UK law works if your child is born through surrogacy in the US. You can explore our UK legal guides, the latest news about US surrogacy, and practical information about surrogacy in the USA.
US law on surrogacy differs by State and it is important to get expert help with navigating the US legal requirements appropriately. In addition, if you are British and/or live in the UK, you will need to consider the UK legal implications of becoming parents through surrogacy. As the UK’s leading specialist surrogacy solicitors, with more experience of US surrogacy than any other UK law firm, you can trust us to steer you safely.
The USA: the most popular international surrogacy destination for British parents
Why do Brits choose US surrogacy?
Despite the significant cost, the US has remained the most popular international surrogacy destination for UK parents consistently for the past 20 years.
It offers a well-established, safe and ethical route for having a child through surrogacy, within a clear legal framework.
US surrogacy also caters for every family structure, including same-sex and single parents and those conceiving with donors.
US surrogacy for British expatriates
Many British parents who conceive families through US surrogacy live outside the UK. Some are expatriates living in other countries; others are multi-national couples living in the non-British partner’s home country.
Even if you don’t live in the UK, you will need to plan carefully if you want your child to be a British citizen or wish to live in the UK as a family one day.
Find out more about how UK law works for British expatriate parents through US surrogacy.
What’s the UK legal process for US surrogacy?
International surrogacy and UK law
Why do you need to think about UK law if you are going to the US for surrogacy? Find out what to ask at the planning stages, how to bring your baby home and what you need to do to become a family under UK law
Parental orders
UK parents who have a child through surrogacy in the US are expected to apply for a UK parental order after their child is born. Find out why you need one, what the court is assessing and how the process works
Our legal services for US surrogacy
Top tier legal advice and representation
NGA Law has more experience of managing US surrogacy cases than any other UK lawyers. With everything you need in one place, we can help with early UK legal advice, parental order applications, British nationality and passports, wills, and more.
Our US Pathway with Brilliant Beginnings
We can steer you safely through US surrogacy with additional practical support from our sibling organisation Brilliant Beginnings. Offering options for just getting set up, or having continued support through your journey, our support is discreet and tailored to you.
Latest news about US surrogacy
Comment piece published in Bionews about US surrogacy and birthright citizenship
Natalie was asked to write a summary for Bionews about how the new US administration’s Executive Order on birthright citizenship is impacting UK parents through US surrogacy.
Briefing: US birthright citizenship ruling and surrogacy – what do UK parents need to know?
Briefing on the impact of the US Supreme Court birthright citizenship ruling on British parents with babies born through US surrogacy
Travelling home with your baby born through international surrogacy – the options
UK immigration law around surrogacy is complex. There’s no single process that fits all, and the best route home will depend on your personal situation and the country where your baby is born.
Surrogacy rules are outdated and heartless – we are quoted in the Times today
Rohan Silva wrote a beautiful piece about his and his wife’s experience of surrogacy in California, and he has now followed up with a comment piece, arguing that UK law on parentage and recognition of surrogacy agreement needs to change. We of course wholeheartedly agree, and our director Natalie is quoted in the piece.
Does it breach inter-country adoption laws to adopt a non-biological child born through overseas surrogacy? – new NGA reported case
The High Court has granted an adoption order to British parents through US surrogacy and egg/sperm donation in a new reported NGA Law case
Natalie speaks at the AAAA Conference in Chicago on global surrogacy
Natalie was delighted to speak at the international conference of the Academy of Adoption and Assisted Reproduction Attorneys in Chicago.
Surrogacy Warrior podcast: Natalie Gamble speaks to US attorney Kim Surratt
Listen to Natalie chatting with experienced US assisted reproduction attorney Kim Surratt on her ‘Surrogacy Warrior’ podcast.
NGA Law and our clients’ stories in the iPaper – The single men becoming fathers through surrogacy
NGA has supported the iPaper with a long-read article shining a spotlight on the real-life stories of single men building families through surrogacy in the UK and the USA. Hoping to tell the human side of why men might choose to start a family on their own, the piece...
Numbers talk – NGA Law and statistics on international surrogacy
CAFCASS data reveals the evolving landscape of surrogacy for UK parents, highlighting the popularity of the US as a destination and the ethical considerations involved. With over a decade of insights, NGA Law provides expert guidance on navigating surrogacy both domestically and internationally.
Natalie speaks at the American Bar Association conference about surrogacy law
Natalie was delighted to speak at the American Bar Association’s conference in Boston, USA on 1-4 May 2024, joining an expert panel of surrogacy law experts from the UK, New Zealand and South Africa.
The Brilliant Beginnings US Surrogacy Knowledge Centre
Our sibling organisation, Brilliant Beginnings, is a non-profit surrogacy agency, founded by the NGA Law directors in 2013 to support safe ethical surrogacy.
It has a free online Knowledge Centre, with a wealth of information and resources about the practicalities of surrogacy in the USA.
Still have questions?
If you need legal advice or want to make an appointment, feel free to get in touch. We offer meetings in-person in London or in the New Forest, as well as online.
We are here to help however we can.