What is a parental order?

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Building your family through surrogacy is life-changing. Legal advice is essential to properly understand how to secure your legal parentage under UK law and understand issues relating to citizenship.

A parental order is a legal order that transfers parental responsibility and legal parenthood from the surrogate mother (and her spouse or civil partner if she has one) to the intended parents. A parental order also extinguishes any rights or obligations that the surrogate or her partner may have in relation to the child.

Who can apply for a parental order?

You can apply for a parental order if you meet the following criteria:

  • You are a couple, either married, in a civil partnership or living together in an enduring relationship.
  • You have a genetic connection to the child, meaning that either you or your partner are the biological parent of the child.
  • You have the consent of the surrogate and her partner (if she has one) to the making of the order. This consent must be given at least six weeks after the birth of the child.
  • You have paid no more than reasonable expenses to the surrogate or anyone else in relation to the arrangement. Reasonable expenses may include medical costs, travel costs, loss of earnings and other expenses incurred by the surrogate as a result of the pregnancy and birth.
  • You apply for the order within six months of the birth of the child.
  • The child lives with you at the time of the application and the order.
  • At least one of you is domiciled in the UK, Channel Islands or Isle of Man. Domicile means that you have a permanent home in one of these places or that you have a substantial connection to one of these places.
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How to apply for a parental order?

To apply for a parental order, you need to fill in the form C51 and send it to the family court that covers the area where you live. You can find the form and guidance on how to fill it in on the government website. You will also need to provide the following documents:

  • The original or certified copy of the child's birth certificate.
  • A written consent from the surrogate and her partner (if she has one) to the making of the order. This consent must be witnessed by an independent person and dated no earlier than six weeks after the birth of the child.
  •  A statement of expenses that you have paid or agreed to pay to the surrogate or anyone else in relation to the arrangement. You should include receipts or other evidence of the payments.
  • Any other documents that the court may ask for, such as medical reports, DNA tests, surrogacy agreements or evidence of your relationship and domicile.

The court will charge you a fee of £215 to process your application. You may be able to get help with the fee if you have a low income or receive certain benefits. You can find out more about fee remission on the gov.uk website.

What happens after you apply for a parental order?

After you apply for a parental order, the court will appoint a parental order reporter to prepare a report on your case. The parental order reporter is usually a social worker or a family court adviser from Cafcass (Children and Family Court Advisory and Support Service). The parental order reporter will visit you and the surrogate (and their partner if they have one) to assess your suitability for a parental order and the best interests of the child. The parental order reporter will also check that the consent of the surrogate and their partner is valid and that no more than reasonable expenses have been paid.

The court will then hold a hearing to decide whether to grant you a parental order. You and the surrogate (and their partner if they have one) will be expected to attend the hearing unless the court decides otherwise. The court will consider the report of the parental order reporter and any other evidence that you or the surrogate may provide. The court will also take into account the welfare of the child and the human rights of all the parties involved.

If the court is satisfied that you meet all the criteria and that a parental order is in the best interests of the child, it will make the order. The order will take effect from the date that it's made. The court will then send you a parental order certificate, which will replace the original birth certificate of the child. The parental order certificate will show you and your partner as the legal parents of the child and will allow you to apply for a passport for the child.

Our experience

We have a team of experienced and compassionate lawyers who can advise and assist you with all aspects of surrogacy and parental orders. We can help you with:

  • Understanding the legal implications and risks of surrogacy arrangements.
  • Drafting and reviewing surrogacy agreements that protect your rights and interests.
  • Negotiating and documenting the expenses that you pay or agree to pay to the surrogate or anyone else in relation to the arrangement.
  • Applying for a parental order and preparing the necessary documents and evidence.
  • Representing you in court and advocating for your case.
  • Dealing with any legal issues or disputes that may arise during or after the surrogacy process.

If you are considering surrogacy or have already entered into a surrogacy arrangement, please contact us. We will listen to your situation, answer your questions and explain your options. We will also provide you with a clear and transparent quote of our fees and expenses. We are here to support you and guide you through this complex and emotional journey.

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Our team of specialist family lawyers are here to support you if you're facing issues related to parental orders. Speak to our team today. 

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Parental orders FAQs

To grant a parental order, the court must be satisfied that all of the following conditions are met:

  • The child was carried by a woman who is not one of the applicants, and the conception took place artificially using either the gametes of at least one of the applicants or an embryo created using the gametes of at least one of the applicants.
  • The surrogate (and their spouse or partner, if any) has given free and unconditional consent to the making of the order, and this consent was given no less than six weeks after the child's birth.
  • No money or other benefit (other than reasonable expenses) has been given or received by either of the applicants or the surrogate (or anyone else) in relation to the surrogacy, unless authorised by the court.
  • The child's home is with the applicants at the time of the application and the making of the order.
  • The applicants are in a stable and long-term relationship and intend to share the care and upbringing of the child.

A parental order gives you full legal rights and responsibilities for your child as if they were born to you. It also gives your child the same rights and status as any other child of your family, such as inheritance, nationality and citizenship. A parental order also updates the child's birth certificate to show you as the legal parents and removes the surrogate's name. A parental order is permanent and cannot be revoked or challenged by anyone unless there is fraud or a serious mistake involved.

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