Surrogacy for Gay Couples
Surrogacy is one option for gay couples (or single gay men) to have children. Some couples adopt children whose parents cannot bring them up, others choose to have children who are genetically theirs. Rather than co-parent with a lesbian couple, some opt for surrogacy. Please see the surrogacy pages in the children section of this website for further details on:
- surrogacy in general
- paternity after surrogacy
- parental orders
- international surrogacy and
- more general on legal paternity after sperm donation.
Since April 2010 gay couples (and unmarried opposite-sex couples and lesbian couples) can regularise their parentage legally through a parental order in the same way married opposite-sex couples have been able to do. We expect this to be possible for single people later in 2018.
The conditions for a parental order are exactly the same as for any other couple. An application for a parental order has to be made within 6 months from the date of birth of the child. The court can only extend the time limit in special circumstances and you should not wait and rely on this.
As for all couples planning surrogacy, we strongly advise you to get in touch with us as early as possible to avoid arrangements, which can make the legal proceedings later on more difficult and costly. It is best to have an initial consultation before choosing a surrogate and then to prepare the legal process of the parental order application during the pregnancy. Once the child is born, you will have a lot of other things to think about as well..
6 April 2018 by Andrea Woelke