Surrogacy in Africa
Guidance, law and latest news for British parents having children through surrogacy in Africa
– from the UK’s leading surrogacy lawyers
Explore our African surrogacy hub
Nigeria (and to a lesser extent Ghana and Uganda) are emerging destinations for international surrogacy for UK intended parents, particularly for parents with roots and family there. In Nigeria, the law relies on simple contract law and so has no clear established legal framework, but in practice enables heterosexual intended parents to be recognised as their child’s legal parents.
Although South Africa has a long-established legislative framework which permits surrogacy for a broad range of family types, it is very tightly regulated and intended parents are only eligible to access surrogacy there if they have a home in South Africa, so this is only an option for a selective group of UK parents (although we do have experience of South African surrogacy cases – in 2015, we managed the UK’s first).
Enormous care is needed to ensure that any surrogacy arrangement in Africa is managed ethically and legally, given the obvious vulnerabilities, and careful legal planning is needed both in the country of birth and (if the intended parents are British or live in the UK) UK law.
Our Africa surrogacy content hub gives free information and resources on UK legal issues for intended parents conceiving children through surrogacy in Nigeria, Ghana, Uganda, South Africa and elsewhere in Africa.
What’s the UK legal process for surrogacy in Africa?
International surrogacy and UK law
Why do you need to think about UK law if you are going to Africa 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 Africa 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
Latest news about surrogacy in Africa
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.
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.
NGA Law quoted in Nigerian media
NGA Law continues to drive the conversation worldwide on our expertise, insight, and experience on international surrogacy arrangements. Kelly’s published article in Bionews has been gaining attention around the world, discussing the changing landscape of...
Concerning shifts in the shrinking world of global surrogacy – Article published in Bionews
Kelly has written a comment piece in this week’s Bionews about the changing landscape of international surrogacy as a result of the war in Ukraine, the announcement that surrogacy is to be prohibited in Georgia, and the recent scandal involving a clinic in Greece. ...
International Surrogacy Forum in Copenhagen
Natalie was delighted to attend an important international conference on surrogacy that took place in Copenhagen in June 2023.
Will my child through surrogacy be born British? And how do I apply for a British Passport?
If you are expecting a child through surrogacy, one of your top questions may be how you get a British passport for your baby, particularly if they are born outside the UK. British nationality can be complicated in surrogacy cases, and what you need to do depends on...
High Court awards parental order in first South African surrogacy case
Following a recent ruling by the High Court (Re A [2015] EWHC 1756 (Fam)), legal parenthood has been awarded to a same sex couple who had a child, born through surrogacy, in South Africa. The parents have previously had a little boy by a different surrogate in South...
NGA quoted in the Guardian: Unregistered surrogate-born children creating legal timebomb, warns judge
Today's Guardian has reported comments made by High Court judge Mrs Justice Theis at a conference last week about her concerns for children born through international surrogacy whose parents have not applied to properly resolve their legal status in the UK. ...
New Foreign Office guidance for parents planning international surrogacy
The Foreign and Commonwealth Office has today published updated guidance for parents planning international surrogacy arrangements. We have been working with the FCO on this new guidance as part of our campaigning and policy work and are proud to have helped with...
High Court judge warns ‘loud and clear’: international surrogacy parents need a UK court order
In a High Court ruling published today (a case in which we represented the parents), Mrs Justice Theis has warned parents of children born through international surrogacy that they must apply to court in the UK if they want to be the legal parents of their children....
Our legal services for surrogacy in Africa
Getting your baby home safely
We can advise you on your UK options for bringing your baby home, and represent you in British nationality and passport applications. We have a long history of working to champion the interests of parents through surrogacy, including working with the UK government on emergency travel measures during COVID and on improving the passport application process.
Securing your legal parentage
Even if you are recorded on your child’s overseas birth certificate you will need a UK parental order to become legal parents in the UK. The court process is well established, but will be heard by a High Court judge who will expect detailed evidence. We work with parents in a range of different ways, depending on your budget and the support you feel you need.
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.