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What options are available for LGBTQ+ parents?
There are various options available if you want to become a parent/parents:
- Assisted reproduction, including intracytoplasmic sperm injection (ICSI), in vitro fertilisation (IVF) and intrauterine insemination (IUI)
- Reciprocal IVF
- Surrogacy
- Adoption
- Platonic coparenting
What can fertility solicitors support me with?
Why do you need a specialist lawyer?
Our expert lawyers have experience in all the implications of whatever route to parenthood you choose. They can give advice, help draft documentation and break down the law for you to make your experience as smooth as possible so you can fully enjoy the first steps to parenthood.
The legal framework is the same for heterosexual people, same-sex couples, and members of the LGBTQ+ community; however, we recognised that sometimes LGBTQ+ parents have unique issues and face unique complexities that require the assistance of experienced lawyers.
UK law states that the woman who gives birth to the baby is their legal parent. If she is married, her spouse becomes the second legal parent. This can cause complications for those wanting to use surrogacy, assisted reproduction, or become platonic coparents.
Our lawyers can assist with:
- Parental orders, to transfer legal parenthood
- Surrogacy agreements
- Platonic coparenting agreements
- Legal implications of the use of donated gametes
- Embryo storage
Your family is unique, and we treat it as such, with the utmost care. Whatever path you choose we will ensure that the legal aspects of your journey to parenthood are navigated with sensitivity and expertise.
We’re proud to be a member of The Surrogacy Network, the leading directory and platform for surrogacy professionals.
Consideration of the child arrangements issues that may arise following parental separation for those within the LGBTQIA+ community require lawyers who are sensitve to the sometime unique complexities that can arise. Stowe Family Law have a highly developed practice in every type of of legal issue that may affect parents from the LGBTQIA+ community.
Meet our fertility law solicitors
Where are our family law solicitors based?
Bishop’s Stortford
The Residence Coworking, New Mead Barn, Wickham Hall, Hadham Rd
Bishop's Stortford
CM23 1JG
Bournemouth
25 Basepoint Business Centre, Aviation Business Park, Enterprise Close
Christchurch
BH23 6NX
Norwich
Regus - Norwich Stannard Place, Cavell House & Austin House, Stannard Place, St Crispins Rd
Norwich
NR3 1YE
Why choose Stowe Family Law?
- We’re the only national law firm 100% dedicated to family matters, which means our family lawyers have a huge depth and variety of experience in this sector.
- We take pride in offering an empathic, understanding approach to support you and your family during your case.
- You’ll be kept in the loop throughout the process and our family lawyers won’t use technical jargon to complicate things further.
- We are authorised and regulated by the Solicitors Regulation Authority (SRA) and are listed amongst The Legal 500
- We’re proud to have been shortlisted for national awards and been named Family Law Firm of the Year by the Hampshire Law Society and at the Yorkshire Legal Awards.
- We’re rated ‘Excellent’ on Trustpilot, based on hundreds of reviews from past clients.
- You can access our wealth of helpful guides to support you with your family law queries.
Common questions on LGBTQ+ parenting law in the UK
Common questions on LGBTQ+ parenting law in the UK
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What routes are legal in the UK?
All of the routes to parenthood mentioned are legal in the UK. However, it is important to note the following for specific options:
Whilst surrogacy is legal in the UK, commercial surrogacy is not legal. This is where the intended parents pay the surrogate for having the baby for them, i.e. more than her expenses, so that the arrangement becomes a commercial one.
Surrogacy agreements are highly recommended, but they are not legally binding. However, if one of our expert surrogacy lawyers at Stowe Family Law assists you in documenting your shared intentions, plans and needs, they are more likely to be held up by a court in the event that anything goes wrong in your surrogacy arrangement.
Assisted Reproduction
There are various factors to consider as there are different options for assisted reproduction. The relevant legislation is:
Human Fertilisation and Embryology Act 1990
Human Fertilisation and Embryology Act 2008
It is also essential that you use a regulated fertility clinic. They are regulated by the Human Fertilisation and Embryology Authority (HFEA).
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Do I need a surrogacy or platonic co parenting agreement?
Whilst neither surrogacy agreements nor co parenting agreements are legally binding, each can be extremely useful and may assist if there are any disagreements or mishaps in the respective journeys.
A surrogacy agreement is a record drawn up between the surrogate and the intended parents to highlight their plans, intentions and commitments throughout pre-pregnancy, pregnancy and birth.
It is important to note that these agreements do not negate the need for a parental order to make the intended parents the legal parents.
A co parenting agreement details the expectations, plans for conception, pregnancy and birth, as well as various educational, social, religious and cultural environments for raising the child. These are not enforceable, but are a good way of documenting very early on the intentions of the parties involved.
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What is a parental order and do I need one?
A parental order is an order granted by the court that transfers legal parenthood. The law in the UK is that the woman who gives birth to a child is automatically the legal parent, and her spouse (if she is married) becomes the second legal parent.
If you use a surrogate, or choose to adopt, you will need a parental order to become the legal parents of your child, even if you are genetically related to the baby.
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Can I donate my gametes if I identify as LGBTQ+?
Yes, in the majority of cases, if you meet the eligibility criteria.
Transgender people may well be able to donate their gametes. However, if they have already started hormone replacement therapy (HRT), this may affect the quality of the gametes, so they may not pass the eligibility criteria for donation clinics.
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