Legal experts in the UK have warned that couples who commission a surrogate mother might not be regarded as the legal parents if they have paid too much for the baby. UK law allows couples to pay a surrogate "expenses reasonably incurred", such as compensation for time off work, medical bills and living expenses -- but no more.

However, many couples organize pregnancies overseas in places like India, the US or the Ukraine and pay the mother whatever is needed to obtain a child. Technically, this is flouting the law. "The risk couples face if they pay a disproportionate amount in expenses is that the high court may refuse to authorise those expenses. That could result in the parental order application failing and in turn they would have no status as parents under English law," John Randle, a leading surrogacy lawyer, told the Guardian.

And the numbers of couples will probably increase dramatically after a recent change in the law which allows unmarried and same-sex couples to apply for parental orders.

The courts have already considered several cases. According to the Guardian, last November Mr Justice Hedley heard that a Mr and Mrs A had paid US$23,000 (£15,000) to acquire twins from a surrogate mother in California. He ruled that it was clear that "a significant element, although it is difficult to specify exactly what, of the $23,000 represents a payment contrary to the [law]". He granted parenting orders, nonetheless, but there is no guarantee that other judges will be as understanding.

"If you don't get a parental order the English couple aren't seen as the child's legal parents and you are committing an offence if you are caring for a child that's not yours. You have to tell social services if you're doing that," according to Natalie Gamble, a lawyer who specializes in surrogacy. ~ Guardian, Apr 5