How does Surrogacy work in Northern Ireland?

Surrogacy in the UK is on the rise, with more families choosing this alternative path to parenthood each year.

In fact, there’s been a 19% increase in parental orders in the UK – the legal process that makes the intended parents the child’s legal parents – since 2020, and an estimated 10% jump in the past year alone.

In our latest blog, Bethan Ratcliffe (Associate) and Alison Taylor (Solicitor) in our Family & Matrimonial team, outline how surrogacy works in Northern Ireland and what future parents should know.

What is surrogacy?

Surrogacy is an agreement in which a surrogate mother carries and gives birth to a baby on behalf of another person or couple who do not carry the baby themselves. This can be done in one of two ways:  either where the surrogate uses their own egg and is genetically related to the child, or gestationally, where the child is conceived via IVF using the egg/sperm of the intended parents or donors.

Is surrogacy legal in Northern Ireland?

Yes, surrogacy is legal in Northern Ireland. However, it is worth noting that in 1985 it was enshrined in law that surrogacy cannot be commercial and surrogacy agreements are not enforceable by law. As such, surrogates can only receive costs directly related to the pregnancy; this would include expenses such as maternity clothes, travel to appointments, or time off work.

In 1990, new the legislation clarified that the surrogate is legally recognised as the child’s parent at birth (and if the surrogate is married, the same applies to their partner). The General Registration Office will, however, be able to register the biological father as the father if he attends with the surrogate for registration of the birth. A statutory declaration is then produced and signed by the father in lieu of his attendance, or, the surrogate and biological father can agree with the registrar to attend the office separately to complete the registration. The legislation also introduced the mechanism for how legal parenthood can be transferred from the surrogate to the intended parents by way of a ‘Parental Order’.

In 2008, the law was updated again to reflect modern family structures, including recognition of unmarried couples and single parents. It also upheld that surrogacy agreements are not legally enforceable.

Do I need a legal agreement to have a baby via a surrogate in Northern Ireland?

While surrogacy is legal in Northern Ireland, any agreements made between you and your surrogate are not legally enforceable. That said, having a written agreement is still strongly recommended.

Although an agreement cannot be upheld in court, it can help provide clarity for everyone involved. Typically, agreements cover matters such as expenses, expectations during the pregnancy, and what happens if plans change, which can make the journey clearer and smoother for everyone involved.

Once the baby/babies are born, the surrogate – and their partner, if they have one – is the legal parent, no matter what the agreement says. To become the child’s legal parents, you will need to apply for a Parental Order.

What is a Parental Order?

A Parental Order is the legal step that transfers parenthood from the surrogate to the intended parents. It means that you become your child’s legal mother or father in the eyes of the law – and the surrogate (and their partner, if they have one) is no longer legally recognised as the legal parent.

This process is essential – without it, you won’t have parental responsibility of the child, even if the baby is genetically yours. This means an intended parent will not have the legal rights, duties and responsibilities or authority over the child that only someone with parental responsibility will have.

This application can only be made 6 weeks after the child is born.

If you’re starting your own surrogacy journey and need legal advice, please get in touch on 0800 840 1363 or send a private, confidential enquiry through our online form.