Parents through surrogacy who are splitting up? What does UK law say?

Usually, one of the first things parents think of if they are considering separating is how arrangements for their children will be managed. If your children were born through surrogacy, there may be additional emotional or legal worries. You may be thinking: What legal rights do I have if we split up? Am I in a worse position than my partner if I am not a biological parent? What is my legal position as a same-sex parent?

Under UK law, parents through surrogacy are not immediately recognised as legal parents of their children (whether their children are born in the UK or via an overseas surrogacy arrangement). They become legal parents when the UK family court makes a parental order, which might be some months after the birth. This means that the law is different depending on when your relationship breaks down.

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