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
High Court rules in favour of parents through surrogacy, despite irregularities in the US
In a High Court decision published last week Mrs Justice Theis warned intended parents of the importance of ensuring appropriate legal advice is obtained in the particular foreign destination, as well as at home. This reflects the reality that there is no...
High Court decision in three new international surrogacy cases
The High Court’s main surrogacy judge, Mrs Justice Theis, has made her decisions in three new international surrogacy cases public, something she only does if she is considering a new issue (to give guidance) or if she wants to draw attention to something which is in...
Yotam Ottolenghi speaks out on becoming a gay dad through surrogacy
Hoorah for NGA client Yotam Ottolenghi and his wonderfully heartfelt piece in Saturday’s Guardian: Why I’m coming out as a gay father. In a brave and personal editorial, the renowned TV chef and restarauter has spoken out about his long journey to fatherhood as a gay...
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....
Made in the USA: representing UK parents through US ART – Article published in Family Law Quarterly
Natalie was asked to write an article for the US legal journal Family Law Quarterly following her talk to the conference of the American Bar Association conference in Las Vegas. She covers what US assisted reproduction attorneys need to know when working with intended...
International surrogacy law conference in Las Vegas – Article published in Family Law Journal
We were really pleased to be asked to write an article for UK journal Family Law following Natalie and Helen’s participation in the American Bar Association conference in Las Vegas last year. Family Law asked us to give an account of the conference and the issues it...
NGA surrogacy parents talk to the Independent about why they chose US surrogacy
Today’s Independent features a piece by Alice Jolly, mother to daughter Hope who was born through a surrogacy arrangement in the US, and who we are proud to be working with. Well done to Alice for her bravery in speaking out to highlight her experience. As she says...
ABA Conference in Las Vegas brings together fertility lawyers from across the globe
Natalie and Helen were delighted to attend the American Bar Association’s Family and Assisted Reproductive Technologies (ART) conference in Las Vegas (26-29 October 2011). The conference brought together the world’s leading experts in assisted reproduction and...
International surrogacy parents speak to the World at One
Parents Michelle and Paul (names changed) spoke to BBC Radio 4’s World at One today about their experiences of international surrogacy, and the problems with surrogacy law in the UK. Their legal case (in which we represented them successfully) was reported anonymously...
After the birth of Elton’s baby, can the UK deliver surrogacy reform? Comment piece by Natalie published in The Guardian
Natalie has written a comment piece published in today's Guardian. Responding to the birth of Elton John's son, through surrogacy in California, and hot on the heels of our recent High Court decision granting parenthood to a British couple who had entered into a...
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.