Stark warning regarding unlawful surrogacy arrangements overseas

In the case of Re Z (Unlawful Foreign Surrogacy: Adoption) (2025) EWHC 339 (Fam) Sir Andrew McFarlane, President of the Family Division of the High Court, issued a stark warning against unlawful surrogacy arrangements overseas. The facts of the case are as follows:

• the intended parents (IPs), Ms W and Ms X, were in a same sex relationship
• they understood that the surrogacy arrangement would take place through a clinic in Southern Cyprus, but it later transpired that the clinic was in the Turkish Republic of Northern Cyprus (TRNC) where surrogacy is illegal and the placement of children with same sex couples is prohibited
• the IPs paid approximately £120,000 to the clinic
• two pregnancies were confirmed with surrogate mothers based in Ukraine
• the IPs were not genetically related to the children.
• The couple faced significant complications and legal challenges:

Immigration issues

• despite being born in TRNC the children did not automatically gain citizenship of TRNC
• nor did they gain Ukrainian nationality by virtue of the fact that they were born to Ukrainian nationals
• they had no biological or legal connection to the IPs which was recognisable in the UK
• as a consequence, the children were effectively stateless and were denied entry into the UK by the Home Office
• it took four years to secure leave to enter the UK following applications under article 8 of the ECHR.

Parenthood

• on the basis that the IPs were not genetically related to the children they were not able to apply for a parental order
• ultimately, Sir Andrew made an adoption order, as this was the only way the IPs could become the legal parents of the children. This was deemed to be in their best interests.

Stark warning

Sir Andrew highlighted the significant legal and policy concerns with this case. He commented as follows:

“Put bluntly anyone seeking to achieve the introduction of a child into their family by following in the footsteps of these applicants should think again.” 

He endorsed the judgment of Theis J in Z (Foreign Surrogacy) (2004) EWFC 304 in which she recommended that parties engage at an early stage with government departments such as the Home Office, the Department for Education or the Department for Health and Social Care depending on the relevant issues.

How to avoid difficulties

This case highlights the importance of seeking legal advice at an early stage from both a family lawyer and an immigration specialist.  

Before embarking upon a surrogacy journey, it is essential to undertake proper planning and research. 

In an ideal world, IPs should be able to enjoy the first few months or even years with their new baby, rather than spend such precious time embroiled in complex and expensive litigation. It is certainly a good idea for the IPs to surround themselves with a team of surrogacy professionals from the outset, including not just lawyers but also fertility specialists and counsellors. This will help to ensure that their surrogacy journey is a smooth one and that they are able to navigate their way through any obstacles along the way.  

For more information, please see our article "The Importance of Early Legal Advice in Surrogacy Arrangements."

For more information about whether to choose a surrogate from the UK or overseas see our article.