Bringing a child into your family through surrogacy can be one of the most exciting moments of your life.
For many intended parents, however, there is a surprise waiting after their child is born.
Even if you are your child’s biological parent, you may not automatically be recognised as their legal parent under the law of England and Wales.
That is where a parental order comes in.
A parental order is often the final legal step in the surrogacy journey. It gives intended parents legal recognition as their child’s parents and provides long-term security for the whole family.
At WSP Solicitors, we help intended parents understand the process, prepare the necessary paperwork and guide them through every stage of a parental order application.
If you are new to surrogacy, you may also want to visit our main Surrogacy Law page for an overview of how surrogacy works in England and Wales.
Important: WSP provides legal advice and representation. We do not arrange surrogacy arrangements, negotiate surrogacy terms or facilitate matches between intended parents and surrogates.
What Is a Parental Order?
A parental order is a specialist court order made after a child is born through surrogacy.
Its purpose is to transfer legal parenthood from the surrogate to the intended parent or parents.
Once a parental order is granted, the intended parent or parents become the child’s legal parents for all purposes.
A new birth certificate can then be issued showing the intended parent or parents as the child’s legal parents.
For many families, obtaining a parental order is the final stage of the legal process.
Why Is a Parental Order Needed?
One of the most common misconceptions about surrogacy is that intended parents automatically become legal parents when their child is born.
Unfortunately, it is not quite that simple.
Under the law of England and Wales, the person who gives birth to a child is recognised as the child’s legal parent at birth.
Depending on the circumstances, their spouse or civil partner may also have legal status in relation to the child.
This means that intended parents usually need a parental order to become their child’s legal parents in law.
What Does a Parental Order Do?
A parental order:
- Transfers legal parenthood to the intended parent or parents.
- Gives the intended parent or parents permanent legal status.
- Creates legal certainty for the child and family.
- Allows a new birth certificate to be issued.
- Recognises the reality of the family created through surrogacy.
For many parents, it provides peace of mind as well as legal protection.
Who Can Apply for a Parental Order?
Eligibility depends on individual circumstances and the law in force at the time of the application.
The court will consider a number of factors before granting an order.
These can include:
- The relationship between the child and the intended parent or parents.
- Whether the legal requirements have been met.
- The surrogate’s consent.
- The child’s welfare.
- Whether at least one applicant has the required connection to the UK.
- The overall circumstances of the surrogacy arrangement.
Every family is different.
If there are unusual circumstances, obtaining legal advice early can help identify and address potential issues before they become obstacles.
When Should You Apply?
The application is made after the child has been born.
There are important deadlines and procedural requirements that apply to parental order applications.
As with any court process, it is generally advisable to begin preparations as early as possible.
Many intended parents find it helpful to seek legal advice during pregnancy so that they understand what evidence and documents will be needed later.
What Happens During the Parental Order Process?
Step 1: Preparing the Application
The process begins by gathering the necessary information and supporting documents.
The exact requirements vary depending on the circumstances, but evidence is often needed to help the court understand the surrogacy arrangement and the child’s situation.
Step 2: Issuing the Court Application
The application is submitted to the court together with the supporting documentation.
The court will then begin managing the case.
Step 3: Cafcass Involvement
Most parental order cases involve a specialist called a Parental Order Reporter from Cafcass.
Their role is to help the court understand the circumstances of the case and make recommendations about the order.
This is usually a reassuring stage rather than an adversarial one.
Step 4: Court Hearings
Many cases involve one or more court hearings.
The court may ask questions, seek clarification or request further evidence before making a final decision.
Step 5: The Final Order
If the court is satisfied that the legal requirements have been met and that the order is in the child’s best interests, it will grant the parental order.
Once this happens, the intended parent or parents become the child’s legal parents.
What Evidence Might Be Required?
Every case is different.
Depending on the circumstances, the court may require evidence relating to:
- The surrogacy arrangement.
- The child’s birth.
- The relationship between the child and intended parents.
- The surrogate’s consent.
- Domicile and connection to the UK.
- Any payments made during the arrangement.
The earlier these issues are considered, the smoother the application process is often likely to be.
What If the Surrogate Changes Their Mind?
This is one of the questions intended parents ask most often.
Fortunately, disputes are uncommon.
Most surrogacy journeys involve people who enter the arrangement with care, honesty and a shared understanding of what they are trying to achieve.
When difficulties do arise, the court’s primary concern is always the child’s welfare.
The court can consider a wide range of factors when deciding what outcome is in the child’s best interests. These can include the intentions of those involved, the existing relationships within the family and the practical arrangements surrounding the child’s care.
Because these situations can be complex and emotional, specialist legal advice is particularly important.
International Surrogacy and Parental Orders
Many intended parents pursue surrogacy arrangements overseas.
A parental order can often still be required when the family returns to the UK.
This is because being recognised as a parent in another country does not necessarily mean you are recognised as a legal parent under the law of England and Wales.
International surrogacy cases frequently involve additional issues including:
- Immigration.
- Nationality.
- Passports.
- Overseas documentation.
- Translation of documents.
- UK court applications.
If your child is born abroad, it is often sensible to obtain legal advice before the birth so you understand what will happen when it is time to return home.
How We Can Help
Parental orders are designed to create legal security for families formed through surrogacy.
However, the process can feel daunting if you are trying to navigate it alone.
At WSP, we provide clear, practical advice from the outset.
We can help you:
- Understand your options.
- Prepare your application.
- Gather supporting evidence.
- Navigate the court process.
- Deal with complications if they arise.
- Plan confidently for your family’s future.
Our role is to make the legal side of surrogacy easier to understand, so you can focus on what matters most.
Speak to a Surrogacy Solicitor
Whether you are planning a surrogacy journey, expecting a child through surrogacy or preparing a parental order application, we are here to help.
We believe legal advice should be clear, approachable and tailored to your family.
Get in touch with our specialist child law team to discuss your circumstances and understand your next steps with confidence. You can contact us on 01453 847200 for a free initial call or use the form on this page to request a callback. Alternatively you can find all our contact details here.
