Surrogacy is when a woman (known as the surrogate) carries a baby for those (the intended parent(s)) who are unable to conceive or carry a child themselves. A surrogate may or may not have a genetic relationship to the child that she carries, the egg which is fertilised for the pregnancy could come from the surrogate, an intended parent, or an egg donor.
Types of surrogacy
Host surrogacy
Host (also known as gestational) surrogacy is when the surrogate doesn’t provide her own eggs to achieve the pregnancy. In host surrogacy embryos are created in vitro using the eggs of the intended mother or the eggs of a donor and later transferred into the womb of the surrogate.
Straight surrogacy
Straight (also known as traditional or full) surrogacy is when the surrogate provides her own eggs to achieve the pregnancy. The intended father provides a sperm sample for conception.
Kindly supported by Brabners
Brabners is an independent purpose-led law firm with an award-winning family team that’s recognised by The Times Best Law Firms. It’s home to some of the most experienced and well-regarded fertility law specialists in the UK that have helped to shape fertility, surrogacy and legal parenthood law in the UK. From parental orders to donor conception and surrogacy legal advice, the team offers the full range of legal support for families. Get in touch on 0333 004 4488 or family@brabners.com.
Is surrogacy legal?
In the UK surrogacy has been regulated and permitted by law since 1985, although research carried out by PET suggests that this is not well understood by the public.
The UK government supports surrogacy as part of the range of assisted conception options available to people who wish to have a child and has published guidance for surrogates and intended parent(s).
The UK does not permit commercial surrogacy, only the payment of reasonable expenses is currently permitted by UK law.
The situation in other countries varies widely, some countries such as Italy have a total ban on surrogacy, while in other countries there are few regulations. The lack of clear legal regulations can cause problems for all those involved and potentially give rise to unethical practices.
Is the number of people using surrogacy to create a family increasing?
Although there are no absolute statistics on the numbers of surrogacy arrangements, the best UK data comes from the numbers of court applications made for parental orders (which make the intended parents their child’s legal parents after a successful surrogacy arrangement).
UK Government statistics show that the number of people obtaining a parental order was 117 in 2011 and has risen to 470 in 2024.
According to the latest data from the Human Fertilisation and Embryology Authority (HFEA) 0.4% of all IVF treatments in the UK in 2022 were cycles with surrogacy, with the number of people being surrogates increasing from around 130 in 2012 to 230 in 2022. However, these figures only include people who are having treatment at a licensed clinic.
Neither data set will fully reflect the total number of people using surrogacy arrangements, which will be greater still.
Explore this specially curated selection of articles about surrogacy from the BioNews archive.
2025
Accessing surrogacy through an HFEA-licensed clinic allows intended parents a safer and better-regulated path to parenthood...
2025
Family law solicitors, Cara Nuttall and Joe Ailion, reflect on the High Court's approach to parental orders in complex surrogacy cases...
2025
Surrogacy misinformation risks skewing debate write Professor Kirsty Horsey and Dr Zaina Mahmoud...
2023
Greek police have arrested eight people accused of running illegal commercial surrogacy operations from a fertility clinic in Chania, Crete...
2023
The Law Commissions' joint Report, 'Building Families through Surrogacy: A New Law', outlines a new regulatory scheme for surrogacy that offers more clarity, safeguards and support for all parties involved...
2019
Kim Cotton writes how the birth of her surrogate daughter Baby Cotton triggered the 1985 Surrogacy Act which was hastily rushed through the UK Parliament as a knee jerk reaction to public opinion...
With your contribution, we can continue to keep BioNews free and accessible to all.
2019
A remedial order has come into force that gives single people in the UK the same rights as couples to become the legal parents of their surrogate-born children...
2018
Government guidance has been issued for couples considering surrogacy in England and Wales, for the first time...
2012
Consent requirements for surrogacy were created in 1990 and sought to discourage surrogacy, to make it a perilous undertaking that few would brave. With more experience behind us, we now know that surrogacy is not something to be quite so afraid of...
1999
A case in the English High Court may have a revolutionary impact upon assisted reproduction. Margaret Briody is seeking damages of £200,000 in order to pay for a surrogate to carry a child for her after she was left infertile...
