Parental order conditions
To obtain a parental order, you need to demonstrate to the court that you meet all the following conditions:
The intended parents:
- Must both be over 18 and either married to each other, in a civil partnership or living together in an enduring family relationship.
- One or both of the intended parents must be a biological parent of the child.
- One or both of the intended parents must be domiciled in a part of the UK, Channel Islands or the Isle of Man. Find out more about the domicile requirement.
The arrangement:
- The conception must have taken place artificially.
- The child must have his or her home with the intended parents.
- The surrogate mother and her husband must fully and freely consent to making the order. The surrogate mother cannot validly give her consent until the child is six weeks old.
- No more than reasonable expenses must have been paid, or the court must agree to 'authorise' the payments. What constitutes reasonable expenses depends on the facts of each case and there is no tariff. There has been a history of cases in recent years involving international surrogacy cases which have 'authorised' commercial payments to surrogate mothers, and in these cases the court will scrutinise the facts of the case very carefully.
The application:
- The intended parents must submit their application within six months of the child’s birth.
Contact us if you would like advice as to whether these conditions apply to you.
