As we mark National Fertility Awareness Week 2025, this year’s theme—“Every Voice, Every Journey”—encourages us to recognise the diverse paths to parenthood and the importance of ensuring that everyone feels supported and legally protected throughout their fertility journey.
At Slater Heelis, we understand that fertility treatment is far more than a medical procedure—it’s a deeply personal and emotional experience. Whether you’re exploring surrogacy, donor conception, or fertility treatment, the legal landscape can be complex and, at times, overwhelming. That’s why seeking early legal advice is essential to safeguard your rights and those of your future child.
Surrogacy: Understanding Legal Parentage
Surrogacy is an increasingly popular option for individuals and couples who are unable to conceive or carry a child themselves. Under UK law:
- The surrogate is always considered the legal mother at birth—even if a donor egg was used.
- If the surrogate is married or in a civil partnership, her spouse may also be recognised as a legal parent unless they did not consent.
To become the legal parents, intended parents must apply for a Parental Order, which requires:
- A genetic link from at least one applicant
- The child to be living with the applicants
- The applicants to be domiciled in the UK
The application must be made within six months of the child’s birth, and the surrogate’s consent must be obtained—no earlier than six weeks post-birth.
Donor Conception: Clinic vs. At-Home Arrangements
If conception occurs through a licensed UK fertility clinic, the donor will not have legal parenthood or parental responsibility. Clinics regulated by the Human Fertilisation and Embryology Authority (HFEA) ensure that all parties provide informed consent and that legal protections are in place.
However, if conception takes place outside a licensed clinic, the donor may be considered a legal parent with associated rights and responsibilities. In such cases, a known donor agreement is strongly recommended to protect everyone involved.
Fertility Treatment Abroad: Proceed with Caution
For those considering fertility treatment overseas, it’s important to understand that UK law may not automatically recognise legal parentage established abroad. Issues around immigration, nationality, and differing consent laws can complicate matters. Legal advice in both jurisdictions is crucial to avoid unexpected challenges.
Every fertility journey is unique. At Slater Heelis, we believe that understanding your legal position is not just about protection—it’s about empowerment. Whether you’re starting treatment, considering surrogacy, or navigating donor arrangements, we are here to guide you with compassion, clarity, and expertise.
Get In Touch
Claire Higham is an Associate Solicitor in our Family Law team. Claire is a modern family specialist, advising on a wide-ranging caseload, including complex and sensitive children disputes as well as high-value financial matters.
If you’d like to speak with Claire or one of our other experienced family lawyers, please don’t hesitate to contact us by calling 0330 111 3131 or completing our online contact form.
