Surrogacy in the USA
NEWS
JULY 2025 – EXECUTIVE ORDER TO REMOVE BIRTHRIGHT CITIZENSHIP – ACCURATE LATEST NEWS FROM FERTILITY LAWYER IN THE US – RICHARD VAUGHN HERE
PLEASE CONTACT ME FOR ADVICE IF YOU HAVE A BIRTH SOON – YOU MAY APPLY FOR AN EMERGENCY TRAVEL DOCUMENT FOR YOUR CHILD TO RETURN TO THE UK.
There are many states where surrogacy is legal including California, Las Vegas and Illinois. The USA is a very popular destination. The law is very favourable and the immigration process allows you to return to the UK fairly swiftly post birth. The costs are the highest of any destination but donors and surrogates are not difficult to find. Please read about surrogacy abroad first.
I have acted for many British couples who have gone through surrogacy in the USA. You will need a US lawyer to apply for a pre-birth Order in the US to secure your legal parent status before the child is born.
According to UK law, the surrogate is always the legal mother. Whether one of you is the legal parent will depend on the circumstances surrounding the insemination or embryo transfer and whether the surrogate is married or in a Civil Partnership. It is essential that you get advice before you start the process and preferably before you select the surrogate. I will advise you on whether you can become legal parents to the child and if so, how to return to England with the child. I will then offer you a fixed fee service to obtain a Parental Order.
A Parental Order extinguishes any legal rights that the surrogate and her husband have for the child and makes you the legal parents. If you do not apply for a Parental Order by the time the child is 6 months old, you may need to consider alternatives such as adoption. This is a strict deadline that has been extended on occasion.
There are several surrogacy clinics and agencies for the USA which are tried and tested consistently producing a complete service to British citizens. It is important to do extensive research and secure references from other British couples who have successfully used the clinic that you are considering using.
The better clinics and agencies in the US will be transparent about their surrogate recruitment policy and the compensation paid to the surrogate.
I am in a good position to advise you of the pitfalls to look out for. If you are considering surrogacy in the USA, please do not hesitate to contact me for independent legal advice. I do not work with or for, any agency or charity so my advice is completely independent.
Please call surrogacy lawyers for advice on surrogacy in USA on 01727 884 688 or e-mail directly on harjit@surrogacylawyers.co.uk
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I provide legal advice on surrogacy based on the law in England and Wales.
I have acted for clients working with many agencies across the world. I will not recommend any surrogacy provider, destination, agency or clinic. If my advice concludes that you can become legal parents following the arrangement you are considering, it should not be taken as advice to proceed. If I have acted for couples who have entered into similar arrangements, you should not take that as advice to proceed. You must always do your own due diligence on any agency / destination. A successful arrangement for someone else won’t always mean a successful arrangement for you. I will not take part in any negotiations for your surrogacy arrangement nor, will I review your surrogacy contract.