The Parental Order and Surrogacy - Tyrer Roxburgh Solicitors

What Does A Parental Order Do and How to Get One

Surrogacy is becoming a more common route to parenthood in England and Wales, but the legal framework can be complicated. In our article ‘How does surrogacy work in the UK’ our specialist surrogacy solicitors take a closer look at one of the most important steps in the process, i.e. obtaining a parental order. This is the legal mechanism that transfers parenthood from the surrogate (and her spouse, if she has one) to the intended parents. Without it, you will not be recognised as the child’s legal parents, even if you are the biological parents.

What a Parental Order Does

A parental order gives you full legal parenthood of the child. This means:

Your names are placed on the child’s birth certificate as the legal parents.
The surrogate and her spouse, if applicable, are removed as legal parents.
You obtain parental responsibility, which allows you to make important decisions about the child’s upbringing, health and education.

The order has lifelong legal effect and provides clarity and security for your family.

When a Parental Order Is Needed

If your child is born through surrogacy in England, Wales, or abroad, a parental order will almost always be required. Even if one of you is genetically related to the child, you are not automatically the legal parent under English law. The surrogate is considered the child’s mother at birth, and her spouse or civil partner may also be recognised as the second legal parent.

You should apply for a parental order as soon as possible after the child is born. The application must be made within six months of the child’s birth, and at least one of the intended parents must be genetically related to the child.

How to Get a Parental Order

The process is court-based. You will need to make an application to the family court, and a court hearing will usually follow. Here are the key requirements:

At least one of you must have a genetic link to the child.
If you are applying as a couple, you must be married, in a civil partnership, or in an enduring family relationship. Single applicants can also apply for a parental order if they meet the other requirements.
The child must be living with you in England or Wales.
The surrogate (and her spouse or partner, if relevant) must consent to the order being made. Consent can only be given six weeks after the child’s birth.
No money or benefits can be exchanged other than reasonable expenses.

A court-appointed officer, usually from Cafcass, will be asked to report on whether the legal requirements are met and whether the order is in the best interests of the child.

Why You Should Seek Legal Support

The law in this area is highly technical, and small errors can cause delays or complications. The court will look closely at whether the criteria are satisfied, especially in cases involving international surrogacy or complicated family situations.

You should consider getting legal advice as early as possible. A solicitor experienced in surrogacy law can guide you through the application, make sure the paperwork is accurate, and represent you in court if needed. This will give you the best chance of securing the parental order without unnecessary difficulty.

Get Advice from Tyrer Roxburgh Solicitors

If you are considering surrogacy or need to apply for a parental order, Tyrer Roxburgh specialist Surrogacy Solicitors can help. Our family law team has experience supporting parents through this complicated process while protecting their legal rights.

You should not take risks when it comes to your child’s legal parenthood. Contact us today to discuss your situation and get expert guidance for your family.

Michelle Tofi

1 month ago

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6 months ago

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7 months ago

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9 months ago

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1 year ago

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2 years ago

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3 years ago

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4 years ago

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What Does A Parental Order Do and How to Get One

What a Parental Order Does

When a Parental Order Is Needed

How to Get a Parental Order

Why You Should Seek Legal Support

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