Supporting intended parents and surrogates through complex situations
Most surrogacy arrangements proceed with cooperation and shared understanding. However, as with any situation involving complex legal, emotional and personal considerations, difficulties can sometimes arise.
Disputes can feel particularly challenging in the context of surrogacy, where expectations, relationships and legal frameworks intersect.
We provide calm, clear and practical advice to help you understand your position and the options available, with a focus on resolving issues as constructively as possible.
Common surrogacy disputes
While each situation is different, common issues can include:
- Disagreement over consent to a Parental Order
- Changes in position after the child is born
- Concerns around payments or financial arrangements
- Disputes about the child’s care or living arrangements
- Breakdown in communication between parties
These situations can be stressful and uncertain, particularly where expectations were not formally documented at the outset.
The Legal position
Under UK law:
- The surrogate is the legal mother at birth
- A Parental Order requires the surrogate’s consent
- The Court’s primary consideration is the child’s welfare
This means that if a dispute arises, the legal position may not always align with what was originally intended.
Understanding your position early is key to making informed decisions.
Resolving Disputes
Where difficulties arise, there are a number of ways to approach resolution:
- Insome cases, disputes can be resolved through clear communication and early legal guidance.
- Mediation can also provide a structured, neutral environment to help parties reach agreement without Court involvement.
- Where agreement cannot be reached, the Court may need to determine matters particularly where there are issues around parenthood or the child’s welfare.
We will always aim to resolve matters constructively where possible, but will also guide you through Court proceedings where necessary.
Our approach
We understand that surrogacy disputes are rarely just legal issues. They often involve:
- Emotional complexity
- Long-standing relationships
- Deeply personal expectations
Our approach is to:
- Listen carefully
- Provide clear, realistic advice
- Help you understand your options
- Support you in taking the most appropriate next steps
We aim to reduce conflict wherever possible, while ensuring your position is protected.
How we can help
We can assist with:
- Advising on your legal position
- Supporting discussions between parties
- Representing you in negotiations or mediation
- Preparing and handling Court applications
- Managing Parental Order complications
Early advice can often prevent a situation from escalating further.
Speak to us
If you are experiencing difficulties in a surrogacy arrangement, or are concerned about how a situation may develop, we can provide confidential and practical advice.
Call us on 0300 373 2424 or contact us online to arrange a discussion.