Natalie Gamble Associates

Surrogacy: who goes on the birth certificate?

 

The first UK birth certificate

Only those who qualify as legal parents under English law can be named on the first UK birth certificate of a surrogate-born child where the birth is registered in the UK (for information on children born abroad, click here).

The surrogate mother is responsible for registering the birth, and is recorded as the child's mother.

If the surrogate mother is married, her husband is recorded on the birth certificate as the father.

If the surrogate mother is in a civil partnership, her same sex partner is recorded as the second parent (where the conception took place after 6 April 2009).

If the surrogate mother is single, the intended father is usually the legal father, and he can be named on the birth certificate. However, because he is not married to the child's legal mother, he must attend the birth registration to be named on the birth certificate.

 

The reissued birth certificate

After a parental order is granted, the intended parents are issued with a new birth certificate, which replaces the original birth certificate.  This names both intended parents on the birth certificate.

 

Birth certificates for gay dads

Same sex parents have been able to apply for parental orders since 6 April 2010.  UK birth certificates issued to gay dads following the grant of a parental order record both dads as parents.