Unregulated Surrogacy: What B & C v D & H teaches prospective parents

A recent Family Court decision, B & C v D & H [2025] EWFC 366, has shone a light upon the dangers of surrogacy without formal legal safeguards. An unmarried UK couple arranged a surrogate pregnancy through a fertility clinic overseas. The surrogate’s identity was anonymous and the result was lengthy court proceedings, immigration complications for the child and more than a year of uncertainty for the family. Without proper legal planning, surrogacy can end very differently to what intended parents expect.

Case background

• The child (referred to as H) was conceived and born abroad after an embryo transfer arranged by a clinic in Nigeria.
• The intended parents applied for a UK parental order to be recognised as H’s lawful parents.
• Because the surrogate’s identity was unclear, the court had to examine whether her consent was needed, a process that took around 15 months and multiple hearings.
• Immigration paperwork for the child was delayed and a previously issued travel document was revoked while the legal position was clarified.

This case demonstrates how anonymity, missing documentation and overseas arrangements can create real legal and practical problems in the UK.

UK law on parental orders

UK law requires a parental order to transfer legal parenthood from a surrogate to intended parents. Key requirements are

• one applicant provided the sperm or egg that made the embryo
• the applicants are , civil partners or living as partners in an enduring family relationship
• the application is within 6 months of birth
• the child lives with the applicants.

Crucially, the surrogate must normally consent after birth. Only if a surrogate truly cannot be found despite all reasonable efforts can the court waive their consent.

In B&C v D&H, after reviewing the evidence, the court eventually concluded (with “some hesitation”) that the surrogate was likely untraceable and “cannot be found” so consent could be dispensed with.

Warnings on anonymity and consent

The judge in this case echoed a prior ruling that anonymous surrogacy is strongly discouraged. The Judge warned that not meeting or identifying the surrogate causes “a great deal of difficulty” and advised that anyone who follows that path “would be well advised to avoid engaging with an anonymous surrogate”. In other words, courts expect intended parents to get to know the surrogate (even if via an intermediary) and ensure the surrogate fully understands and consents to relinquish parental rights.

Practical takeaways for intended parents

This case, along with earlier ones, underscores that surrogacy must be carefully planned with legal guidance. Key points:

• Meet the surrogate: Ideally, meet the surrogate in person before beginning and continuing direct communication. Ensure they understand the process.
• Use reputable clinics/agencies: Choose clinics or agencies that follow best practices. Avoid “black box” agencies that promise strict anonymity or push large payments.
• Welfare of the child comes first: The UK court ,if needed, will decide based on the child’s best interests. In this case, the Guardian and Judge saw that H was “thriving” with the intended parents, so awarding them legal parenthood secured stability. But had the child been unsettled by the process, the outcome could have differed.

Practical steps to protect yourself

If you are considering surrogacy, consider the following before you proceed:

• Get specialist legal advice early (before medical treatment) on parental orders, HFEA requirements and immigration implications.
• Keep complete records: contracts, invoices, clinic notes, correspondence and evidence of payments for legitimate expenses.
• Avoid anonymous arrangements: meet or have verifiable contact with the surrogate and document her informed consent.

How can Pinney Talfourd help

If you’re thinking about surrogacy, speak to a lawyer who specialises in modern family formation. We can help you understand the law, prepare the paperwork, and protect your family’s legal status from the outset. Contact our family team on for a free initial 45 minute consultation; early advice can spare months of stress later.