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
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. ...
Brilliant Beginnings is hosting an in-person event on US surrogacy on 14 September 2023
Our sibling organisation, Brilliant Beginnings, is hosting a US surrogacy event, featuring speakers from Brilliant Beginnings, NGA Law and US experts from San Diego Fertility Center and Family Source Consulting.
International Surrogacy Forum in Copenhagen
Natalie was delighted to attend an important international conference on surrogacy that took place in Copenhagen in June 2023.
Adoption order granted to non-biological surrogacy mum in UK legal first – new reported NGA case
The English High Court has made a non-biological mother through US surrogacy her son’s legal mother via adoption – rather than a parental order – in an important new UK court ruling.
USA surrogacy for British expatriates: Legal advice
We look at the legal and practical realities of surrogacy in the US for British expatriates, and answer the most common FAQs
In-Person Event: US Surrogacy, 14 September 2023
Our sister organisation, Brilliant Beginnings, is hosting a US surrogacy event, with speakers from Brilliant Beginnings, NGA Law and US experts from San Diego Fertility Center and Family Source Consulting.
Platonic co-parents through surrogacy granted parental order in legal first – new NGA reported case
The High Court has awarded legal parenthood to two male co-parents with a child born through surrogacy in a new legal first.
NGA speaks at the American Bar Association conference in San Diego on global surrogacy
Natalie was delighted to speak at the Future Directions in Surrogacy Law conference at the Institute of Advanced Legal Studies in London on 30 November.
NGA speaks in New York City at the Academy of Adoption and Assisted Reproduction Attorneys conference
Natalie was delighted to address the Academy of Adoption and Assisted Reproduction Attorneys’ conference in New York City last week. Cross-border surrogacy - fighting for parentage Speaking on the topic of ‘fighting for parentage recognition’, she shared a platform...
UK Supreme Court says commercial surrogacy is no longer against UK public policy – Article published in The Review
Natalie and Heidi have written for the latest edition of The Review about an important new Supreme Court decision on surrogacy. The case of Whittington Hospital NHS Trust v XX [2020] UKSC 14 involved a negligence claim brought by a woman who sought compensation to...
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.