Surrogacy: parental orders and other options

What is a parental order?

Parental orders are designed to remedy parenthood issues following surrogacy. Like an adoption order, a parental order reassigns parenthood, extinguishing the parental status of the surrogate parents entirely, and conferring legal parenthood and parental responsibility on both intended parents.

Intended parents should apply for a parental order in all surrogacy cases, whether the surrogate is married or unmarried. Once a parental order is made, a new birth certificate is issued naming the intended parents and replacing the child's original birth certificate.

Getting a parental order

If you are considering surrogacy, make sure that you satisfy all the conditions for getting a parental order, which the court will assess after your child is born.

It is also important to understand the process of applying for a parental order.

What if a parental order is not available?

If any of the conditions cannot be satisfied, you will not be able to obtain a parental order. This might apply, for example, if the six-month application deadline is missed, the intended parent is single (or widowed), or the surrogate parents do not consent.

Securing the position of the intended parents might then be difficult. Find out more about alternative options to getting a parental order.

Do we need a parental order?

Many intended parents ask us whether they really need a parental order, and what the position would be if they took no legal steps to regularise the situation.The legal implications of taking no action depend on the status of the intended parents:

Remember that you must apply for a parental order within six months of the child's birth, or lose the opportunity forever.