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.
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.
Surrogacy in the USA for UK intended parents
Why do Brits choose US surrogacy?
The US has remained the most popular international surrogacy destination for UK parents for more than 20 years, notwithstanding the significant cost. It offers a well-established, safe and ethical route for having a child through surrogacy, experienced professional services and a clear legal framework. It also caters for a diverse range of family structures.
What’s the legal framework for US surrogacy?
US law on surrogacy differs by State but typically involves an agreement before conception and an additional legal process before or after the birth to secure parentage. Specialist assisted reproduction attorneys in the US can help with this. In addition, parents who are British or live in the UK need to manage the UK legal issues.
What’s the UK legal process for US surrogacy?
US 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.
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...
Getting surrogacy families home during COVID-19 – NGA and the families we are helping in the news
On 20 March 2020 the US Passport Office closed its doors to in-person passport applications as a result of the escalating COVID pandemic, meaning that a number of our parents with newborn surrogate babies (who usually rely on the US passport to travel back to the UK)...
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 in the UK and the USA.
It has a free online Knowledge Centre, with a wealth of information and resources about the practicalities of surrogacy in the USA.
Our long pedigree with US surrogacy
Did you know that we have represented the parents in nearly a third of all the US surrogacy parental order applications ever made?
Along that journey, here are just some of our highlights:
2007-25
An international voice for families through surrogacy
We have always been heavily involved in global surrogacy advocacy, whether that means giving evidence to the Hague Conference, International Social Service, foreign Parliaments or the global media. Our founder Natalie is a regular speaker on surrogacy at US professional conferences and the current co-chair of the International Committee of the Academy of Adoption and Assisted Reproduction Attorneys.
2020
Solving international surrogacy challenges during the pandemic
We successfully lobbied the UK government to create a new emergency passport process for surrogate babies born in the US as travel restrictions descended in April 2020, and in October 2020 persuaded the HFEA to permit the export of eggs, sperm and embryos overseas for surrogacy, enabling intended parents to continue conceiving through surrogacy in the US even if they couldn’t travel there for fertility treatment.
2019
Opening surrogacy to single parents
Between 2016 and 2019 we fought a long legal battle to end discrimination against single parents through surrogacy. Representing a single dad with a baby son born through surrogacy in the US, we challenged his inability to apply for a parental order without a partner, winning a High Court judgment that the law breached his human rights, and subsequently working with government and Parliament to pass amending legislation to enable single parents to apply for UK parental orders. Our client – a single dad through US surrogacy – became the first sole father to be named on a UK birth certificate in history.
2010
The landmark case that opened the door to US surrogacy
We represented some of the very first UK parents to have children through US surrogacy, including in the 2010 High Court case which established the precedent that, although judges had to consider UK public policy against commercial surrogacy, the court must put the child’s welfare first.
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.