There has been a near doubling of the number of private law Parental Order applications as the popularity of surrogacy continues to rise according to a freedom of information request submitted by WSP Solicitors.
The Gloucestershire firm said there has been a 90% increase in the number of applications from 399 in 2016 to 758 between April 2025 and March 2026.
In the first three months of 2026 there were 232 applications – evidence the firm suggested of a “trend that shows no sign of slowing.”
In total 5,763 private law Parental Order applications have been made over the last 10 years, with 4,962 successfully granted.
The data comes a Freedom of Information (FOI) request submitted to the Ministry of Justice and responded to on 27 July 2026.
Surrogacy lawyer at the firm Lydia Andrews said the system can be relatively straightforward in the simplest UK-based cases, but can become difficult quickly where agreements are private or commercial, a child is born abroad, or where key documentation and consent records are difficult to obtain.
“UK surrogacy law is technical and can be very tricky to navigate. Two of the biggest challenges, both highlighted in the Law Commission’s proposals, are the status of surrogacy agreements and the point at which intended parents are granted legal responsibility for the child.
“Currently, surrogacy agreements are not legally binding in the UK, meaning neither the surrogate nor the intended parents are required to follow what was agreed before conception. This can create uncertainty around expenses, post-birth contact and, in rare cases, when the intended parents will take on the care of the child. Making agreements legally binding, alongside stronger safeguards such as medical checks for surrogates and background checks for intended parents, would give everyone greater clarity and protection from the outset. This would also support more people in having a baby through surrogacy in the UK rather than abroad.”
Andrews calls for updates to surrogacy law, describing current legislation, particularly around Parental Orders, as “outdated.”
“Despite some updates in 2008, it was first written in 1985 and doesn’t reflect modern family life. A simpler process, clearer rules and stronger safeguards would make surrogacy safer and fairer for everyone involved.”
She warned more intended parents use international surrogacy because it can be cheaper with better legal rights and protections than in the UK.
But with more than half of children born through surrogacy to intended parents in Britain born abroad , there are practical and legal challenges.
In September a debate in the House of Commons, triggered by a Parliamentary petition which gathered 113,000 votes, discussed proposals for intended parents to become the legal parents of the child from birth, rather than having to go through a parental order process. Despite a Law Commission reform blueprint and draft Bill being published in 2023, the government have ruled out surrogacy reform for now.
