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
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 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...
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.