Imagine | Winter 2025
A digital magazine from Irwin Mitchell
Imagine | Winter 2025 A digital magazine from Irwin Mitchell
Imagine | Winter 2025
A digital magazine from Irwin Mitchell
When Lindsey was diagnosed with cervical cancer in January 2018, her first thought was, “That’s my fertility gone”.
Lindsey had always dreamed of being a mum, so recovering surrogacy costs as part of her legal claim opened the door for the couple to start their journey towards parenthood.
After finding a surrogate, Hayley, in November 2022, they were ready to attempt embryo transfers.
Sadly, the first three attempts failed, and Lindsey remembers, “We had one last attempt and that one took. We found out Hayley was pregnant in January 2024. It was the most unbelievable feeling, but I was also fraught with worry that something would go wrong.”
The first scan revealed that they were having twins. The couple were thrilled by the news.
Lindsey and Kieron have maintained daily contact with Hayley since they first discussed surrogacy in 2020. Lindsey acknowledges that their situation is unique because she knew Hayley beforehand, but she believes that the time spent developing a strong friendship has been crucial to how smoothly everything gone. Both families were very open with each other from the start, discussing every possible scenario and setting clear expectations and boundaries.
It takes time. You can’t rush into it. You don’t feel like you’ve got a lot of time as you want to be pregnant and move on with the process, but if you rush in, that’s when I believe things go wrong.
Lindsey
The twins enjoying a snooze
The importance of involving the hospital
Making sure the hospital knew their circumstances made a big difference to how Lindsey and Keiron experienced the birth and the following days. The pregnancy being consultant led because it was twins, gave them the chance to get to know the doctors and midwives well.
The hospital knew that Lindsey and Kieron would be given the babies as soon as they were born. It was also helpful to have support from the midwives around feeding and storing milk while the twins were in hospital. Lindsey says, “It wasn’t something I’d thought that much about beforehand but, going through it, I realised that it’s important for all the details to be super organised to make sure there’s no upset. It made everything easier that the midwives were so understanding and respectful.”
Coming home
Lindsey says, “Bringing the twins home was such a wonderful experience. We were discharged from hospital really quickly, and it felt incredibly surreal. We had longed for this moment for so long, hoping and dreaming about it. It was quite daunting, but me and Kieron are a great team, and we have a fantastic support network.”
The twins are just over three months old now and very content. Lindsey and Kieron have submitted the paperwork to the Family Court for the Parental Order, which will formally recognise them as the twins’ parents. It can take several months for the Court to process the application, so they can’t open bank accounts, or apply for the twins’ passports until the Order’s been made.
Lindsey says that the only difficulty they’ve had has been registering the twins with the GP because they had no record of her being pregnant. It was something that never crossed her mind. The original solution offered was for Hayley to accompany the twins to all their appointments, which didn’t work for anyone. It was agreed that Hayley’s written consent for vaccinations and treatment could be held on the twins’ records while they wait for the Parental Order.
Lindsey would encourage anyone thinking about surrogacy to do lots of research so they’re fully aware of what’s involved in the process. She joined a surrogacy group on Facebook where she’s been able to ask questions and share real life experiences with people who truly understand.
Hayley with the twins before they were discharged from hospital.
Hayley with the twins before they were discharged from hospital.
What to think about if you’re considering surrogacy
If you’re thinking about surrogacy, it’s helpful to seek specialist advice early in the process. There are lots of different things to consider right from the start.
- After your baby is born, the Family Court has to make a Parental Order before you are legally recognised as parents. The surrogate, and their spouse or civil partner, are the legal parents until the Order is made. Before the court can grant the order, it must apply the statutory criteria. It’s important to understand and meet these criteria at each stage of your surrogacy journey to avoid problems when you make your application.
- The surrogate (and/or intended parents) can change their mind before the Parental Order is made. It’s not possible to contract out of this, and if it happens it can be an emotional and challenging time for everyone involved. It’s vital to take expert advice in these circumstances.
- Commercial surrogacy is not permitted in the UK. Only reasonable expenses can be paid. Finances can become very tight, particularly if the surrogate needs any time off work. It’s important to have a good understanding of what support is available, for example what support your surrogate’s employers offer through their benefits packages, and what expenses are considered reasonable.
- In many cases, the intended parents don’t have parental responsibility directly after the birth, which can cause problems as Lindsey and Kieron found. This means they don’t have the legal authority to decide which GP surgery their baby is registered at. Many people have to rely on consent from their surrogate until the Parental Order is made. In cases where this is not possible, the court can make an interim Child Arrangements Order, which is an additional hurdle for parents and may also mean they need to attend court.
There are plans to change the law to make the journey easier for intended parents. They are currently under review, and it’s not yet known exactly when they will change. It’s hoped that the changes will address common issues including decision making before the Parental Order is made.
Statutory criteria
- The conception must have taken place by embryo transfer or artificial insemination
- The child must have been carried by a surrogate.
- One or both of the intended parents must be the child’s biological parent.
- The intended parents must be married, civil partners, or living together as partners in an enduring family relationship.
- The intended parents must submit the application for Parental Orders to the Court within six months of the child being born (although this deadline can be extended in some cases).
- The surrogate (and their spouse or civil partner) must freely consent to the order.
- The surrogate cannot give valid consent until the baby is six weeks old.
Our surrogacy expert, James Hensall, says:
“As the law stands, a lot of the surrogacy process is based on trust. Most of the surrogacy cases I’ve worked on have been close friends or family members where there’s already a lot of trust. That said, some people prefer to use a surrogate they don’t already know – it’s a very personal decision.
“My top tip for someone at the start of their surrogacy journey is, ‘Take advice early’. Most fertility clinics have various services on hand and refer you for advice before you start treatment. Many also offer counselling to everyone involved. It can be very helpful to have a specialist solicitor to guide you through the process and answer your questions as they arise.
“The other thing I’d say is to speak to people who’ve been through surrogacy themselves. There are invaluable communities, particularly on social media. Nobody knows the process quite like someone who’s been through it.”
James Hensall - Associate Solicitor, Surrogacy
Legal support
Having a child via a surrogate is a wonderful, exciting life event. There are legal issues to consider, but the impact of these can be reduced if you have a skilled team you can trust. If you’re considering surrogacy, please reach out to our caring and professional team, who will support and guide you through the process.