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
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...
Congratulations to Elton John and David Furnish
Many congratulations to Elton John and David Furnish on the arrival of their son Zachary, born through a surrogacy arrangement in California on Christmas Day. Important changes to the law were passed in 2008 giving equal treatment to same sex parents who conceive a...
Landmark NGA international surrogacy case – legal parenthood should not be denied because of commercial surrogacy
NGA Law has won a legal parenthood order for British parents who conceived a baby through a commercial surrogacy arrangement entered into lawfully in Illinois, USA. The judge (Mr Justice Hedley), sitting in the High Court Family Division, has ruled that the child’s...
NGA case featured in The Guardian – Couples who pay surrogate mothers could lose right to raise the child
By Denis Campbell, health correspondent. Published in the Guardian, Monday 5 April 2010 Childless couples who acquire a baby using a surrogate mother abroad risk not being recognised as its parents in Britain if they flout British law by paying fees, fertility lawyers...
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.