Rumors Of Surrogacy and the Royal Family: How It Might Matter Legally

The Duke and Duchess of Sussex, Prince Harry and Meghan Markle, are no strangers to public scrutiny. Recently, speculation has been raised about whether the couple used a surrogate to have their children, Archie and Lilibet. However, it's important to clarify that there is no evidence to support this claim—only rumors. Despite this, the speculation raises important questions about how modern family-building practices could impact royal traditions.

In places like California, where Harry and Meghan live, surrogacy agreements and courts protect the parties’ identity, and the child’s birth certificate typically lists only the intended parents. This means that while there’s no way for the press to find out if Meghan and Harry used a surrogate, the very idea challenges traditional royal succession laws.

Under British laws of succession, royal lineage is typically tied to the mother’s status. If a royal child were born via surrogacy, the surrogate would be legally recognized as the birth mother, not the royal mother. This could create complications for a child’s claim to the throne, as royal titles have historically been linked to birth, not genetics.

As Harry and Meghan continue to challenge royal norms—from stepping back from royal duties to advocating for mental health and racial justice—this speculation about surrogacy further raises the question: how might the monarchy adapt to the realities of modern family structures?

While surrogacy is legally accepted in many parts of the world, including the UK, it remains a contentious topic, especially among traditionalists who feel it conflicts with the continuity of the monarchy. On the other hand, younger generations tend to be more supportive of alternative family-building methods, reflecting broader societal shifts.

While the British press and tabloids speculate, the ongoing conversation around this issue highlights the evolving intersection of tradition, law, and modern parenthood within the royal family.

Want to understand the legal implications of surrogacy and royal succession? Read the full blog here.

Need legal advice regarding surrogacy? Contact us now.