Parental Order for Surrogacy in the UK

A Parental Order in the UK will give you the rights of parenthood and parental responsibility for a child. This type of court order is often used by those who use a surrogate to have a child in the UK, giving them the legal rights of parents. This is an important legal process because, in the UK, the surrogate mother who gives birth to the child is always considered the legal mother of the child, even if a donor egg is used. If neither you nor your partner are related to the child genetically, it is possible to apply for an Adoption Order which transfers the parental rights of the surrogate as a legal parent to you.

Anyone who is going through the process of surrogacy should be aware that surrogacy agreements are not enforceable in the UK; hence, it is recommended that you apply for a Parental Order to ensure the legal transfer of parental rights is completed properly. If you have any questions or need help in ensuring that your surrogacy Parental Order is handled correctly, please speak to our family law solicitors.

Parental order requirements

In order to apply for a Parental Order during the surrogacy process in the UK, the following legal requirements must be met:

• You must apply within 6 months of the birth of the child.
• If applying on your own, you must be genetically related to the child. If applying with your partner, one of you must be genetically related to the child (i.e. the egg or sperm donor).
• If applying with your partner, you must be married, civil partners, or living together as partners.
• The child must live with you.
• You must permanently reside in the UK, Channel Islands or Isle of Man.

It is important to note that if neither you nor your partner are genetically related to the child, the only way you can become the child’s legal parent is through adoption.

Parental order application process

The application process for a Parental Order in England and Wales involves the following steps:

1. Complete Form C51¹. You will need to provide:
   • Details of the sole or joint applicants
   • Details of the birth parents
   • Details of the child
   • Confirmation of whether the birth mother consents to the order
2. The completed form C51 can be posted or taken directly to your nearest family court
3. Provide the child’s full birth certificate
4. Pay the application fee of £255
5. Once the application has been received by the court, they will set a date for the hearing and issue a C52 acknowledgement form.
6. Give the acknowledgement form to the child’s birth mother.
7. Both parents must agree to the Parental Order by completing and submitting form A101A.
8. A court hearing will then be held to decide on whether a Parental Order should be issued.

If you live in Scotland or Northern Ireland, the process of gaining parental rights for a child born to a surrogate mother is different.

How to bring a child born through overseas surrogacy back to the UK

If you are planning to bring a child born through overseas surrogacy back to the UK, the process of gaining the legal rights of parents is slightly different from a child born in the UK. Remember, you can only get a Parental Order if you and your partner reside in the UK.

One of the first considerations is immigration for the child. You may need to apply for a UK visa and/or a British passport for the child if they are not a national of the UK or the EU. Only once your child is in the UK can you apply for a Parental Order using the above process. We recommend allowing plenty of time when applying for immigration clearance for your child, as this process can be lengthy.

Given the complexities of international surrogacy and the volume of documents needed, it is important to seek legal advice before you start the process. At Reiss Edwards, our highly experienced family law solicitors will guide you through each stage of the process of applying for a Parental Order. We are also a leading UK specialist in immigration law and can handle any aspects of securing an entry visa and then a British passport for your child. Our aim from the outset is to take the pressure off your shoulders, provide you with the guidance and support you need, and give you the reassurance that your Parental Order and your child’s immigration applications are processed successfully in the shortest possible time.

References

¹ GOV.UK: Form C51 (application form for a Parental Order – Section 54 or 54A of the Human Fertilisation and Embryology Act 2008)