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International intended parents

How does US surrogacy work for intended parents from the United Kingdom?

The short answer

UK intended parents use US surrogacy because the UK permits only altruistic surrogacy and agreements are unenforceable there, while US states such as Illinois enforce compensated agreements and grant pre-birth parentage. After a US birth, UK law still treats the surrogate as the legal mother until the family court grants a parental order, which transfers parentage to the intended parents; applications are normally made within 6 months of birth and the court reviews payments made abroad (home-country context at a high level; reviewed by counsel). A US journey typically takes 18 to 24 months and $150,000 to $200,000, paid in US dollars through independent escrow. PLS coordinates with UK fertility solicitors and provides the US documents the court requires.

Written by Jan Telman Berman

Global Surrogacy Coordinator. 18+ years managing national and international cycles.

Last updated

What is the legal context for surrogacy in the UK, at a high level?

Status as of [date], reviewed by counsel.

This page is for intended parents who live in England, Wales, Scotland or Northern Ireland and are considering gestational surrogacy in the United States. It explains how a Private Label Surrogacy (PLS) journey works from the UK. It is not legal advice about UK law. Every statement here about UK law, parental orders or immigration is a high-level summary, and a UK fertility solicitor advises you on your own case.

The UK permits only altruistic surrogacy, and surrogacy agreements are unenforceable there. After a US birth, UK law still treats the surrogate as the child's legal mother until the family court grants a parental order, which transfers legal parentage to the intended parents. Applications are normally made within 6 months of the birth, and the court reviews the payments made to the surrogate abroad. The parental order rules are in the Human Fertilisation and Embryology Act 2008, sections 54 and 54A.

That last point shapes how a UK family should run a US journey: every payment should be documented, explained and traceable from the first day. Before you sign with PLS, meet a UK fertility solicitor. Ask:

Share the answers with Jan Telman Berman, PLS's Global Surrogacy Coordinator. PLS coordinates with UK fertility solicitors and provides the US documents the court requires.

Why do UK parents choose the United States?

Because a US state can enforce the agreement and settle parentage before the birth, and because a well-documented US journey gives the UK court what it needs.

In Illinois, the Gestational Surrogacy Act, in force since 2005, makes a compensated gestational surrogacy agreement enforceable when its requirements are met, and the intended parents are the legal parents at birth under Illinois law. PLS places surrogates in surrogacy-friendly US states, and each journey follows the law of the state where the surrogate lives and delivers.

What a PLS journey adds:

Plan on 18 to 24 months from signing to birth, and $150,000 to $200,000 in total, paid in US dollars.

What is a parental order and when do you apply?

A parental order is a UK family court order that transfers legal parentage from the surrogate to the intended parents. Applications are normally made within 6 months of the birth. UK law was changed to allow single applicants as well as couples.

Treat the 6 months as a deadline you plan for, not a window you discover after the birth. The steps on the US side all happen before you fly home, so PLS works backward from your expected return date.

Step What it is Typical timing PLS document or support
US parentage order Parentage established under US state law, before birth where the state allows it Second trimester Timeline coordinated with both US attorneys
Birth certificate Birth record issued by the state of birth After the birth Hospital birth plan naming the intended parents
Apostille Certification of US documents for use in the UK After the birth certificate Document checklist from your solicitor
US passport The child's US passport, subject to the August 6, 2026 executive order now under litigation Before departure Document checklist
Entry to the UK Entry on the route your solicitor advises, depending on the genetic link and your status Departure Copies of US documents for travel
Parental order application Application to the UK family court, normally within 6 months of birth After return Escrow ledger and the agreement's compensation schedule

What does the UK court want to see about payments to the surrogate?

The court reviews payments made to the surrogate abroad as part of the parental order application. Your solicitor explains what the court looks for. What PLS can do is make sure every payment is easy to show.

Here is how the money is documented in a PLS journey:

How does the baby enter the UK: US passport, UK passport or visa

Entry routes depend on the genetic link and the parents' status. Many families enter the UK on the child's US passport with the right paperwork, and UK counsel advises before you fly.

A federal executive order dated August 6, 2026, on citizenship for children born through compensated surrogacy to two non-citizen parents is under litigation. It may affect whether a child born to two UK citizen parents receives a US passport. Read citizenship and passport and leaving the US with your baby before you book flights.

What does a US journey cost in pounds, and how is money protected?

PLS quotes every figure in US dollars, because that is the currency of the agreement and the escrow account. Convert at your bank's rate on the day you plan; the pound price moves with the exchange rate.

Exchange-rate risk is yours, so many families convert in two or three tranches. You may choose your own escrow company. PLS has used independent escrow since 2017. The Surro Connections collapse in late 2025 and the SEAM escrow failure, which involved more than $16 million, show what happens when money sits with the wrong party. See currency and escrow and how escrow works.

When do you travel and how long do you stay?

Most UK families travel twice: once for embryo creation, if embryos are made at a US clinic, and once for the birth. PLS works with 14 partner fertility centers, including Kindbody, Shady Grove Fertility, Fertility Centers of Illinois and Oregon Reproductive Medicine.

For the birth, you arrive before the due date and stay until the US documents are issued and your solicitor clears you to travel. [Typical post-birth stay for UK families: confirm with Jan and counsel.]

Between trips, the journey runs remotely. Today it takes about 9 months from signing to meeting a surrogate, with a target of 6 months or fewer. Legal and medical foundations take 1 to 2 months after match, the medical cycle 2 to 3 months, and the pregnancy test comes 9 to 11 days after transfer.

How does PLS support UK families?

With named people and a document trail built for the parental order.

Calls are booked for hours that work in the UK, and PLS coordinates directly with your solicitor so you are not relaying documents between two countries.

Sources

Frequently asked questions

Is compensated surrogacy legal for UK residents if it happens in the US?

UK parents routinely complete US journeys and obtain parental orders afterward; the court examines the payments. Context only; confirm with a UK fertility solicitor.

Can single UK parents get a parental order?

UK law was changed to allow single applicants. Reviewed by counsel; status as of [date].

Does the baby need a visa to enter the UK?

Entry routes depend on the genetic link and parents' status. UK counsel advises before you fly; many families enter on the child's US passport with the right paperwork.

Will PLS provide an escrow statement for the UK court?

Yes. The independent escrow agent issues a full disbursement ledger that solicitors use in parental order applications.