Emma Willing, Specialist Surrogacy Lawyer at Penningtons Manches Cooper also points out another common misunderstanding on the part of intended parents. ‘If they enter into an overseas surrogacy arrangement, where they may be considered the legal parents at birth (for example certain US States), the position automatically applies in the UK. However, that is not the case in the UK, and it remains necessary for them to apply for a parental order in the UK, or consider other routes to legal parentage.’

So, what exactly do the lawyers do for those pursuing surrogacy?

‘Many of my clients live quite international lives and we usually have to demonstrate that they are domiciled in the UK. Domicile is a big issue which arises in these cases,’ says Rogerson.

Alongside assisting with cases related to Domicile, Worwood notes that a lot of her work involves advising ways in which a client can be recognised as the child’s legal parents which usually involves an application for a parental order. ‘We advise our clients on the criteria required to make such a parental order application, to ensure that the intended parents are eligible and will be successful in making such an application.’

Willing says a big part of a surrogacy lawyer’s role is also working with their immigration teams to help clients entering into surrogacy agreements overseas. ‘We help our clients plan how they are going to return home to the UK with their baby as soon as possible after the child has been born. This includes dealing with matters such as applications for the child’s first British passport and advice relating to the child’s nationality.’

For those entering into surrogacy, the biggest fear is perhaps the possibility that the surrogate doesn’t want to hand the baby over once it’s born. ‘It is very rare for this situation to ever arise, but the legal position definitely depends on where the surrogacy arrangement has been entered into,’ says Rogerson.

Sarah Williams, Partner at Payne Hicks Beach tells Tatler, 'If there is any disagreement about who should care for the child after birth, an application can be made to Court and the Judge will decide what is in the child's best interests.'

Williams adds: ‘There are certain protections that can be taken but as no agreement is enforceable, if there is a dispute it will ultimately be a matter for the Court to decide. It is, therefore, good practice to talk matters through with your surrogate and to set out your intentions in detail and in writing at the outset. Even though this document is not legally binding, it provides clarity for both parties so that expectations are understood. It is also recommended that the intended parents and the surrogate (and her spouse, if she has one) receive independent legal advice before any agreement is entered into and you can also request that the surrogate undergoes implications counselling before implantation of the embryo so that she is fully appraised of the legal and emotional consequences.’