Surrogacy is a life-changing path to parenthood for many individuals and couples, including members of the LGBTQ+ community. In England and Wales, whilst surrogacy is legal, it is governed by complex laws.

What is Surrogacy?

Surrogacy is an arrangement where a woman (the surrogate) agrees to carry and give birth to a child for another person or couple (the intended parents). There are two types of surrogacy:

• Traditional (or ‘straight’) surrogacy: the surrogate uses her own egg, making her the genetic mother.
• Gestational (or ‘host’) surrogacy: the surrogate has no genetic link to the child; the embryo is created using the egg and sperm of the intended parents or donors.

Is Surrogacy Legal in England and Wales?

Yes, surrogacy is legal, but commercial surrogacy is not. This means:

• Surrogates cannot be paid for their services beyond reasonable expenses.
• It is illegal to advertise that you’re looking for a surrogate or willing to act as one (although nonprofit organisations may facilitate matches).
• Surrogacy agreements are not legally binding, even if both parties sign a written contract.

Surrogacy and LGBTQ+ Individuals: A Growing Path to Parenthood

The LGBTQ+ community is increasingly turning to surrogacy to build families, particularly:

• Same sex male couples may pursue gestational surrogacy with the assistance of an egg donor.
• Transgender individuals may use surrogacy when they are unable or choose not to carry a pregnancy themselves.

The law in England and Wales has evolved to recognise same-sex couples and individuals as legal parents, however, there are important steps to follow.

Legal Parenthood

One of the key legal hurdles in surrogacy is who is considered the legal parent(s) at birth.

At Birth:

• The surrogate is always the legal mother, regardless of genetics.
• If she is married or in a civil partnership, her spouse or civil partner is the second legal parent (unless they did not consent).
• This means the intended parents have no automatic parental rights at birth.

After Birth:

To become the child’s legal parents, the intended parents must apply for a Parental Order under the Human Fertilisation and Embryology Act 2008. To be eligible, the following criteria must be met:

• The child must be genetically related to at least one of the intended parents.
• The application must be made within six months of the child’s birth.
• The child must be living with the intended parents.
• The surrogate (and her spouse/civil partner, if applicable) must consent freely and fully after the birth.
• The intended parents must be either:
  • A married couple, civil partners, or living as partners (same-sex or opposite-sex), or
  • A single person (since changes to the law in 2019).

Once a parental order is granted, the intended parents become the legal parents, and the surrogate’s name is removed from the birth certificate.

Ongoing Legal Reform

The Law Commission of England and Wales published a 2023 report recommending a major overhaul of surrogacy law. Key proposals include:

• New Pathway to Parenthood: intended parents could be recognised as legal parents from birth, subject to pre-approval.
• Clearer rules on expenses, eligibility, and safeguarding.
• Continued prohibition of commercial surrogacy.

As of mid-2025, these proposals have not yet been enacted into law, but reform is likely in the coming years.

If you feel Franklins might be the right firm to advise you on your legal position, and you would like to enquire about when an initial appointment could be scheduled, contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

Season 5 of Netflix’s gripping thriller, You, has recently been released. Beyond the drama of love turned obsession lies a disturbing reality – coercive control and abuse; these are not just fictional plot devices, but very real issues that family law deals with daily.

As family law professionals, we see first-hand how relationships can spiral. Whilst most cases don’t reach the extremes of Joe Goldberg’s behaviour, You raises real questions about what legal protections exist when love becomes dangerous.

Coercive control: more than just a buzzword

Since the Serious Crime Act 2015, coercive control has been a criminal offence in England and Wales. It includes behaviour designed to intimidate, isolate, or control a partner – commonly perpetrated without the use of physical force. Joe’s manipulation and surveillance tactics are prime examples of such conduct.

Section 76 of the Act makes it an offence to engage in a pattern of controlling or coercive behaviour in an intimate or family relationship. Coercive control is a deliberate pattern of behaviour intended to control, isolate, or dominate another person, and it can cause significant harm, even without physical violence. The courts consider coercive control as a serious matter, and legal measures such as non-molestation orders and occupation orders may be available to help protect those at risk.

Violence and domestic abuse

Joe’s escalating violence towards his partners highlights the very real dangers of domestic abuse. Domestic abuse is not only physical; it also includes emotional, psychological, and financial abuse. The Domestic Abuse Act 2021 recognises these forms of abuse as equally damaging, and again, applications, non-molestation orders and occupation orders can prevent further harm.

Child welfare

In the later seasons, Joe becomes a father. This introduces a further layer of concern; the welfare of the child. Courts in England and Wales place the child’s best interests at the heart of any decision. Where a parent’s behaviour is emotionally harmful or poses any risk to a child’s wellbeing, the family courts will take this into account when determining child arrangements. Under section 1 of the Children Act 1989, the child’s welfare is the court’s paramount consideration. To assess what is in the best interests of the child, the court applies the Welfare Checklist, which includes factors such as the child’s physical, emotional and educational needs; the likely effect of any change in circumstances; and any risk of harm the child may face.

Financial abuse in relationships: Joe’s experience with Kate Lockwood

In Season 5, Joe’s relationship with Kate Lockwood introduces a new dimension to his character’s experience of control and manipulation. Kate takes drastic steps to restrict Joe’s financial independence by cutting off his access to funds. This form of financial abuse, whereby one partner exerts control by limiting the other’s access to money, can be equally damaging and often goes unnoticed. Despite Joe’s history of being a perpetrator, his experience with Kate underscores that financial control can affect anyone, regardless of their past actions.

Economic abuse is recognised under the Domestic Abuse Act 2021. This includes behaviours that control or restrict a person’s ability to manage their finances, often to keep them dependent on the abuser. Although Joe’s past actions have been reprehensible, his experience with Kate demonstrates that abuse is not limited to one direction. In cases of separation or divorce, the courts will take financial abuse into account when determining financial settlements.

How we can help

If you are experiencing issues, our team is here to help. We offer clear, confidential legal advice and support through every step of the process.

We specialise in:
• Divorce and financial settlements;
• Domestic abuse and protective orders;
• Child arrangements and safeguarding;
• Prenuptial and postnuptial agreements;
• Coercive control and abuse.

If you feel Franklins might be the right firm to advise you on your legal position, and you would like to enquire about when an initial appointment could be scheduled, contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

The start of a New Year often brings a sense of reflection and new beginnings. For many couples, this time of year can prompt difficult decisions, including the choice to separate. If you find yourself in this situation, you are likely facing a number of important decisions for the year ahead; one of the most crucial being the future arrangements for your child or children. This blog will take you through the practical steps to reach a fair and sustainable agreement.

What Are Child Arrangement Orders?

A Child Arrangements Order is a legally binding Court Order made through the Family Court, which can stipulate:

a) Who the child will live with;

b) The contact arrangements with the non-resident parent (or other significant individuals depending on the parties of the proceedings).

Such orders can encompass various eventualities, from what happens over half terms and summer holidays, to the arrangements on special occasions celebrated within the family.
If you and your ex-partner are struggling to agree on matters after your separation, a Child Arrangements Order may help provide clarity and legal certainty.

Any decision made by the Court will be made in accordance with the ‘welfare principle’; that being the welfare of the child is the Court’s paramount consideration. Factors set out in the ‘welfare checklist’ will also be applied to the child’s individual circumstances, such as their age, harm suffered or at risk of suffering, the impact of any change, and more.

There is a presumption in law that both parents should be involved in the upbringing of their child, as long as there are no safeguarding concerns that will prevent this.

Where do I start?

Any child arrangements may be agreed between you and your ex-partner directly. This is the best case scenario as the decision making is in your hands, as opposed to a Judge who will not personally know your child.

What if we can’t agree?

Option 1 – consider mediation

Mediation is an effective way to resolve disputes without involving the court. It involves a trained mediator who facilitates a meeting to work out an agreement. Mediation is voluntary and non-binding, but it can save time and money, and is often less stressful than court proceedings. If mediation is successful, the agreed arrangements can be formalised into a legal order.

Option 2 – seek legal advice

If you cannot reach an agreement on your own or through mediation, you may need legal assistance. A family solicitor can help you navigate the process, represent your interests, and ensure that the child’s welfare is the main focus. We can assist with:

• Drafting child arrangement proposals;
• Engaging in negotiations between you and your ex-partner;
• Representing you in court if necessary;
• Ensuring that the final agreement is in your child’s best interests and is enforceable.

Option 3 – Court applications

If mediation fails and an agreement cannot be reached, you may need to apply for a Child Arrangements Order as a last resort. The court will assess the case, hear from both parties, and make an order based on the child’s best interests.

Things to consider when making arrangements

As you begin to plan for the year ahead, it is important to consider the following factors that may impact your child arrangements:

• School holidays and routine: many parents will have differing views on holiday schedules. Plan well ahead to avoid confusion.
• Travel and location: if you live in different areas, how will travel be managed for the child?
• Additional needs: if your child has additional needs or requires support, both parents will need to be made aware of any necessary care, support, or appointments. Discuss how these will be managed in both households to provide consistent care and avoid disruptions.
• Flexibility: children’s needs can change over time; be prepared to adjust arrangements as your child grows or as circumstances change.
• Communication: determine the most effective way to communicate with your ex-partner after separation, ensuring that you can discuss matters related to your child.

We understand that sorting out arrangements for children can be emotional and challenging. Our team is here to guide you through the process, ensuring that your child’s future is secured whilst protecting your rights.

If you would like to learn more, you can contact our Family Law team here or call on 01604 936512 / 01908 953674 or email info@franklins-sols.co.uk.