Understanding surrogacy, parental orders and the legal process
Surrogacy can raise many questions, particularly around legal parenthood, timing and the Court process.
Below are some of the most common questions we are asked. If you would prefer to discuss your situation directly, we are always happy to speak with you confidentially.
What is a Parental Order?
A Parental Order is a Court order that transfers legal parenthood from the surrogate (and her spouse or partner, if applicable) to the intended parents.
Without a Parental Order, the surrogate remains the child’s legal mother.
Do I need a Parental Order if I am the biological parent?
Yes. Even where there is a genetic connection, legal parenthood does not transfer automatically in surrogacy arrangements.
How long do I have to apply for a Parental Order?
In most cases, the application must be made within six months of the child’s birth.
Are surrogacy agreements legally binding in the UK?
No. Surrogacy agreements are not legally enforceable in England and Wales.
However, early legal advice can help ensure expectations are clearly understood.
What happens if the surrogate changes her mind?
This is rare, but legally the surrogate remains the child’s mother at birth.
If issues arise, legal advice should be sought immediately to understand your options.
What does Cafcass do in surrogacy cases?
Cafcass appoints a Parental Order Reporter who meets with both parties and provides a report to the Court, focusing on the child’s welfare.
Do we have to attend Court?
Yes, there is usually at least one hearing before a Parental Order is granted. These are typically straightforward where the application is properly prepared.
What is different about international surrogacy?
International arrangements can involve additional considerations such as immigration, nationality and recognition of parenthood.
Can same-sex couples apply for a Parental Order?
Yes. The law applies to families of all structures, provided the legal criteria are met.
Do I need a solicitor for surrogacy?
While not mandatory, legal advice helps ensure the process is handled correctly and can prevent delays or complications.
Still have questions?
Every surrogacy journey is different. If you would like advice tailored to your situation, our family law team is here to help.
Call us on 0300 373 2424 or get in touch via our contact page.