There are two types of surrogacy:
Host / Gestational Surrogacy – this is where the surrogate is not biologically related to the baby, so either the Intended Mother or donor eggs are used.
Straight / Traditional Surrogacy – this is where the surrogate is biologically related to the baby.
English Law applies the same, whichever type of surrogacy is used. Regardless of biological connection, the surrogate will always be the legal mother when the child is born, and until legal parenthood is transferred by a Parental Order.
Who is the child’s second legal parent depends on a number of factors, including whether the surrogate is married or in a civil partnership, and the biological link to the Intended Father.
It is important to understand that even if your surrogacy arrangement has taken place abroad, English law on legal parenthood will still apply when you return home to the UK. That means you still need to apply for a parental order, even if you are already classed as legal parents in the country your baby was born, or if you are already named on a foreign birth certificate.