A Parental Order is a court order which nominates the “intended parents” as the child’s legal parents and permanently terminates the legal status and obligations of the surrogate and, if married, her husband.
Once a Parental Order is granted, a new UK Birth Certificate is issued. This certificate lists the intended parents as the child’s legal parents, effectively replacing the original birth certificate.
To secure a Parental Order (PO), it is necessary that the surrogate gives explicit consent. The surrogate should not have received any funds beyond what is considered ‘reasonable expenses’. It’s required that at least one of the parents has a biological connection to the baby, and a DNA test might be needed if there’s any uncertainty. The parents must be over 18 years old and at least one of them should be domiciled in the UK. The child should have been conceived artificially with the understanding that the resulting child will belong to the parents. Furthermore, the child should have lived with the parents since birth or since leaving the hospital. These requirements are set out in in the Human Fertilisation and Embryology Act 2008, specifically in Section 54 for couples and Section 54A for single parents.
Additional requirements might include DBS checks on both parents and interview results from all parties conducted by social services and the Children and Family Court Advisory and Support Services (CAFCASS) or equivalent depending on the country. Evidence of the amount received by the surrogate as expenses and what these expenses were used for might also be needed. A statement explaining why you chose surrogacy as your path to parenthood and how you meet all the criteria for obtaining a PO might also be requested. This doesn’t need to be lengthy or detailed, and if required, the court will specify exactly what information they need.
The process from application to completion can take up to three months. If you wait until six months to apply, an order is still possible if it is in the best interests of the child, although it may be more complicated to obtain and a reasonable explanation as to why the application was not made sooner will be requested. Regardless of when the application is made, CAFCASS will need to be involved as they work towards protecting children specifically in court proceedings. CAFCASS will check for criminal records and will want to know about the baby’s lineage. The reasons why both you as parents and the surrogate chose to go through with this process will also be examined.
How to apply
The ‘Application form for a Parental Order’ should be delivered or sent to the local family court, accompanied by the baby’s birth certificate. This comes with a fee of £2324. Following this, the court will schedule a hearing date and send out two forms, ‘C52 Acknowledgement Form’ and ‘A101A’, for completion by the surrogate. A CAFCASS Parental Order Reporter, a social worker specializing in representing children in family courts, will conduct a home visit before the hearing date. They will engage in an informal conversation about the process, verify your eligibility for a PO, and may examine documents such as ID, bank statements indicating expense payments, the baby’s birth certificate, and health record (red book). You will be informed beforehand of any documents they wish to review.
Form C52 is designed for the surrogate and confirms her recognition of the parents’ desire to apply for the PO. You have the option to either support or contest this decision. This form must be returned to the specified court address within the given timeframe.
The surrogate (and her legal partner if applicable) is required to fill out and return Form A101A to the court prior to the hearing date. This form indicates their consent to transfer legal guardianship to the parents. It is essential that all signatures on this form are witnessed by the Parental Order Reporter representative whenever possible. The Parental Order Reporter will facilitate this during a home visit to the surrogate and will ask questions to ensure that applying for the PO is in the best interest of the baby’s future. They need assurance that no coercion has taken place and that the surrogate is content with how things have unfolded so far.
As part of this process, you, as the surrogate, may also need to compile documents such as ID and evidence or a breakdown of how her expenses were spent. However, similar to parents, you will be notified of any specific requests beforehand. In situations where surrogates and parents reside in different countries, phone calls or video calls may suffice. However, this is likely only in very straightforward circumstances as face-to-face visits are always preferred for safeguarding reasons..
During the hearing, parents may need to show identification and convince the court that granting this order is in the best interests of the child. The actual session should take around 15 minutes. The surrogate also has permission to attend if she wishes.
We can to guide you through the process of applying for a parental order, ensuring the matter is handled with care and effectiveness.