Parental Order FAQ.

A family court order under the Human Fertilisation and Embryology Act 2008 that transfers full, permanent legal parenthood of a child born through surrogacy to you, ends the surrogate's parental status, and leads to a new British birth certificate naming you as the parents. Full explainer →

Yes. UK law doesn't recognise foreign birth certificates, pre-birth orders or foreign judgments as transferring parenthood. Under UK law the surrogate remains the legal mother — and her husband may be the legal father — until a UK court makes the order. The foreign paperwork is useful evidence, not a substitute.

Yes — since January 2019, a single applicant who is a genetic parent can apply under section 54A. Couples apply under section 54 and must be married, civil partners, or in an enduring family relationship.

No — at least one applicant must be a genetic parent (egg or sperm). If neither of you has a genetic link, a Parental Order isn't available, and you should take specialist advice on alternatives such as adoption.

Six months from the day your child is born — the clock starts at birth, not when you get home. What must happen inside the window is filing the C51; the hearings continue past it, which is normal. More on the deadline →

Not necessarily — courts have accepted late applications, some very late, on the basis that a child shouldn't be left without legal parents over a missed date. But each late case turns on the court's discretion in that family's circumstances. A late application is exactly the situation for a specialist solicitor, not self-service.

Her agreement (form A101A) only counts if given when the baby is at least six weeks old. Anything signed earlier — at the clinic, at birth, in the surrogacy agreement — doesn't satisfy the requirement. Consent must be free, unconditional and fully informed.

Yes, a lot. If she's married, her husband is usually the child's legal father in UK law, and his consent is required too. If he's uncooperative or can't be traced, the case becomes significantly more complex — take advice.

The court fee is £270 (check the current figure on GOV.UK). International cases usually add certified translations, notarisation and apostilles — typically a few hundred pounds. Specialist solicitors, if you instruct one, commonly charge £6,000–£12,000. Do you need one? →

A straightforward international case typically runs five to twelve months from filing to final hearing, including the parental order reporter's assessment and two hearings. The new birth certificate follows some weeks after the order.

C51 — your application, one per child (twins mean two linked applications). C52 — the sealed acknowledgement the court issues after filing, which you pass to the surrogate and, if she's married, her husband (expect a ~7-day window for this). A101A — the surrogate's formal agreement, signed no earlier than six weeks after birth.

You attend the hearings — in straightforward cases they're short, and the final one is often genuinely celebratory. Many courts welcome the child at the final hearing; the court will tell you what it expects.

An independent Cafcass social worker (Cafcass Cymru in Wales) appointed in every case to check the legal conditions are met and the order serves your child's lifelong welfare. Expect a home visit and questions about the arrangement — it's routine, not a red flag.

There's no legal requirement. Straightforward cases — deadline met, surrogate consenting, nothing disputed — are regularly completed by parents themselves. Late applications, consent problems, marital complications or disputes call for a specialist. The honest breakdown →

The court notifies the General Register Office, the birth is entered in the Parental Order Register, and you can order a new British birth certificate naming you as the parents. The surrogate's legal status ends entirely.

Nationality is a separate question from parenthood and depends on your circumstances — some children born abroad are British from birth, others need registration. We don't give immigration or nationality advice on this site: start with GOV.UK, or an adviser registered with the Immigration Advice Authority.