Surrogacy arrangements (involving heterosexual couples, single men and gay couples) are legal in the UK, although the law bars arrangements being brokered on a commercial basis and makes it an offence to advertise for a surrogate mother.
Under English law, the legal mother of a child born through surrogacy, at the time of birth, is the surrogate mother. The legal father at birth, is usually the surrogate’s husband, irrespective of the biological relationships.
The situation is the same for surrogate mothers who are in a same-sex relationship. If a surrogate mother is in a civil partnership with another woman at the time she conceives, her same-sex partner will be the child’s second parent.
The intended father may be treated as the legal father at birth, if the surrogate mother is not married or in a civil partnership at the time she conceives.
Where the birth is registered in the UK, only those who qualify as legal parents can be named on the birth certificate.
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