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
NGA on the BBC Today Programme today – surrogacy babies stranded due to COVID
Natalie Gamble was interviewed on this morning’s BBC Radio 4 Today Programme (here at 7.14am) about the problems faced by surrogacy families in the current coronavirus crisis. Natalie spoke to the BBC Radio 4 Today programme this morning about the crisis work we are...
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...
Surrogacy in the USA – a chance to meet leading experts at the Shard in London
At Brilliant Beginnings and NGA Law we meet intended parents every day whose decision is not whether to pursue surrogacy, but how. Surrogacy in the UK is possible, but for many there are too many legal uncertainties, and they may need to wait longer than they would...
Single parent surrogacy – what the High Court ruling really means – Article published in Bionews
Natalie has, together with our counsel in the case of Re Z Elizabeth Isaacs QC and Adem Muzaffer, written a comment piece for this week’s Bionews explaining the significant of the High Court's ruling in the case, which looks set to change the law for single parents...
Victory in our single dad surrogacy case – President of the High Court Family Division makes declaration of incompatibility
We are thrilled to report victory in our long-running case which has sought to challenge the discrimination against single parents in UK surrogacy law. Sir James Munby, the President of the High Court Family Division, has today made a formal declaration that UK law...
High Court rules it cannot grant birth certificates to single dads through surrogacy
In a High Court decision today, the President of the Family Division has ruled that UK law cannot be stretched to recognise children born to single parents through surrogacy. Denying a parental order to a British single father being represented by the NGA team,...
High Court awards parenthood for international surrogacy children – 8 and 5 years after they were born
In a landmark ruling published today (Re A and B 2015), the High Court has awarded legal parenthood for two surrogate-born children, age 8 and 5, who were left ‘legally parentless’ by international surrogacy law. Ms Justice Russell said that the siblings, born through...
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. ...
International surrogacy: UK High Court awards parenthood to couple living in France
In its latest published international surrogacy decision, the High Court has awarded a British-French couple living in France a parental order in respect of their son born through international surrogacy. The case makes clear that you don’t need to live in the UK to...
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...
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.