What happens if intended parents split up during a surrogacy arrangement?

Creating a family through surrogacy or any alternative method open to same sex couples is extremely stressful for all the adults involved. Relationships can be put under intense pressure and for some couples the strain simply becomes too much. In 2025, the Family Court dealt with a case where the intended parents split up before the children were conceived but the biological father decided to continue with the surrogacy process as a single adult. The case came before Mrs Justice Theis in July 2025 and is reported as  C v D [2025] EWFC 196 https://www.bailii.org/ew/cases/EWFC/HCJ/2025/196.html

Case Overview

The case concerns two children, X and Y, 4-year-old twins conceived via surrogacy using Respondent D's gametes and donor eggs. D is their legal parent through a parental order dated 18 April 2023. The applicant C was in a same sex relationship with D and he sought a child arrangements order and parental responsibility. 

Relationship Background

C and D began a relationship in 2013. They jointly embarked on a surrogacy arrangement in early 2019, signing an egg donor agreement and engaging a Californian attorney. In August 2019, they learned the embryos were not viable. D continued with surrogacy alone, though there was dispute about whether C knew this. D announced to C in November 2021 that twins were expected. After the children's birth, C travelled to the US and was involved in their care. From February 2022 to May 2023, C, D and the children lived together at C's country property. The relationship between C and D deteriorated in May 2023 but they continued seeing each other until final breakdown in March 2024.

Legal Proceedings

C applied for a child arrangements order in June 2024. Interim arrangements for supervised fortnightly contact were made. An independent social worker, Mr Jeary, was instructed. D initially sought dismissal of C's application with no future contact.

Expert Evidence

Mr Jeary found both C and D capable of meeting the children's needs. He observed that many people viewed C and D as a couple and co-parents. He recommended that if C's account was accepted by the court, C should be granted parental responsibility with increasing contact leading toward shared care. If C's account wasn't accepted, he still recommended regular unsupervised contact without parental responsibility.

Court's Findings

The court found the surrogacy arrangement was not joint after November 2019, with D making decisions alone. However, from November 2021, C was significantly involved in the children's lives in a co-parenting role, which D allowed and encouraged. The court concluded C was an important figure in the children's early lives and part of their identity. The judge rejected D's position that contact should cease.

Outcome

The court ordered monthly unsupervised contact for C, building up to full days. The judge declined to grant parental responsibility to C, finding it would not reflect the history of C's lack of active engagement in the surrogacy arrangement and might increase conflict without clear welfare benefits. The court encouraged continued mediation between C and D to manage arrangements going forward.