Clear, compassionate legal guidance through the Parental Order process
If you have had a child through surrogacy, applying for a Parental Order is the legal step that formally recognises you as your child’s parent.
Without a Parental Order, the surrogate remains the child’s legal mother regardless of genetic connection, and in some cases her spouse or civil partner may also have legal status.
For many families, this can feel unexpected or unsettling. A Parental Order provides certainty. It transfers legal parenthood permanently and enables a new birth certificate to be issued naming you as your child’s legal parent. It also ensures that all parental rights and responsibilities sit with you, providing long term clarity and security for your family.
What is a Parental Order?
A Parental Order is a Court order which does the following:
- Transfers legal parenthood from the surrogate (and her spouse/partner, if applicable) to the intended parents
- Extinguishes the surrogate’s legal status as parent
- Creates a permanent legal parent-child relationship
- Allows a new birth certificate to be issued
And for most, it is the final legal step in UK surrogacy arrangements. It marks the point at which your legal status aligns with the reality of your family life.
Who can apply for a Parental Order?
To apply, certain legal criteria must be satisfied, including:
- The child was carried by a surrogate
- The child is living with the intended parents
- At least one intended parent has a genetic link (in most cases)
- The application is made within six months of birth
- The surrogate gives full and informed consent (which cannot be given until six weeks after birth)
The Court’s overriding consideration is the child’s welfare.
If you are unsure whether you meet the criteria, we can advise you based on your individual circumstances.
The six-month deadline
In most cases, a Parental Order application must be made within six months of the child’s birth.
This timeframe is important. Although the Court has some discretion in limited circumstances, delay can complicate matters unnecessarily.
If your child has already been born, or the birth is approaching, it is advisable to seek legal advice promptly so that the application can be prepared in good time.
What is the process for obtaining a Parental Order?
1. Preparing the Application
We prepare and issue the Parental Order application to the Family Court, ensuring all required documentation is included.
This may involve:
- Birth certificates
- Details of payments made
- Marriage or civil partnership certificates (if applicable)
- Supporting statements
2. Cafcass Involvement
Once the application is issued, the Court appoints a Parental Order Reporter (usually from Cafcass).
They will meet with the intended parents and the surrogate
Their role is to ensure that the legal criteria are met and that the arrangement is in the child’s best interests.
While this stage can feel formal, it is typically supportive and focused on confirming that the child is thriving. We prepare you for what to expect and remain available throughout.
3. The Final Hearing
The Court will review the evidence and the Cafcass report.
If satisfied that the legal requirements are met and the Order is in the child’s welfare interests, the judge will grant the Parental Order.
A new birth certificate is then issued confirming you as the child’s legal parent(s).
For many families, this is a significant and meaningful milestone providing certainty and formal recognition of your family.
What if there are complications?
Most Parental Order applications proceed smoothly. However, issues can arise where:
- The six-month deadline has passed
- There are questions about payments made
- Consent is disputed or withdrawn
- The arrangement involved international elements
If complications arise, early legal advice becomes even more important.
We have experience handling more complex procedural situations and will guide you carefully through any additional steps required.
International Surrogacy and Parental Orders
If your child was born abroad, additional legal considerations may apply, including:
- Immigration and nationality
- Recognition of parenthood in different jurisdictions
- Timing of UK Court applications
International cases require careful coordination. We can advise you on the safest and most structured approach.
Why choose Rosewood Solicitors?
We understand that by the time you reach this stage, you may simply want certainty and stability.
Our role is to:
- Explain the law clearly and without jargon
- Ensure your application meets all legal requirements
- Prepare the necessary documentation
- Support you through Cafcass involvement
- Represent you at court (where required)
- Keep the process calm and organised
We aim to remove uncertainty so that you can focus on your family.
If you are planning a surrogacy arrangement or your child has already been born, we would be happy to advise you on the Parental Order process.
We offer confidential consultations, Call us on 0300 373 2424 or contact us online to arrange a discussion.