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Elderly Seek UK Courts for Surrogacy Parenting Rights

Elderly Seek UK Courts for Surrogacy Parenting Rights

Rising Trend of Older Adults Seeking Legal Parenthood Through Surrogacy

Recent data from the UK Children and Family Court Advisory Service (Cafcass) has revealed a notable increase in applications for legal parenthood by individuals aged 80 and above. These figures, collected between 2020 and 2025, highlight a growing trend of older adults pursuing surrogacy as a means to become legal parents of children.

Surrogacy is a process where a woman carries a child for another individual or couple, who then assume legal parentage upon the child’s birth. This method has become increasingly popular among various age groups, including those in their 50s, 60s, and 70s. The rise in such applications has sparked discussions about the implications of surrogacy on the rights and well-being of the children involved.

According to Cafcass, the number of applications from people over 80 was relatively low, with fewer than six per year during the period. However, the agency did not provide exact figures, citing concerns that revealing them could identify individuals involved. This decision underscores the sensitive nature of these cases and the need for privacy.

In addition to the elderly, there has been a significant increase in applications from individuals in their 50s and 60s. For instance, applications from men in their 50s rose from 44 in 2020 to 95 in 2025. Overall, there were 416 parental order applications from males and females in their 50s between 2020 and 2025. Men in their 60s also made 43 applications, highlighting a broader trend of older adults seeking legal parenthood through surrogacy.

The total number of parental order applications between 2020 and 2024 reached 1,991, indicating a substantial increase in the use of surrogacy across different age groups. This trend raises important questions about the motivations behind these applications and the potential impact on the children involved.

Helen Gibson, founder of the campaign group Surrogacy Concern, expressed concern over the rising numbers of older adults applying for parental orders. She criticized the practice, stating that it lacks justification and risks treating children as commodities. Gibson emphasized the need for the government to consider the best interests of the child when evaluating these applications.

She pointed out that there is no upper age limit for parental orders or surrogacy in the UK or in many countries where British citizens seek surrogacy services. This lack of regulation has led to an increase in foreign cases, often involving commercial surrogacy arrangements that are illegal in the UK.

Gibson called for urgent action from the government to empower courts to block these applications and ban surrogacy abroad for Britons. She argued that the current system does not prioritize the rights and needs of the children, leading to potential ethical and legal challenges.

As the trend of older adults seeking legal parenthood through surrogacy continues to grow, it is essential for policymakers, legal experts, and advocacy groups to address the implications of this practice. Ensuring that the best interests of the child remain at the forefront of any decisions related to surrogacy is crucial in preventing potential harm and safeguarding the rights of all parties involved.