Form A101A explained — the surrogate's consent form

Form A101A is the form your surrogate signs to agree to the parental order. It is not the application form — that's Form C51. A101A is the document that records the surrogate's consent, and without it (or a court decision to proceed without it) a parental order cannot be made.

Here's exactly what it is, who signs it, when, and the timing rule that catches families out.

Guidance only, not legal advice. For anything unusual — particularly an overseas birth or a surrogate you've lost contact with — take specialist advice.

The three forms, in plain English

Families routinely mix these up. The distinction is simple:

In short: you file C51. Your surrogate signs A101A.

The six-week rule — the thing that catches people out

This is the single most important fact on this page.

Your surrogate's consent is legally ineffective if she gives it less than six weeks after the birth.

"the agreement of the woman who carried the child is ineffective for the purpose of that subsection if given by her less than six weeks after the child's birth" — Human Fertilisation and Embryology Act 2008, s.54(7); the same rule applies to single applicants under s.54A(6)

So an A101A signed at four weeks doesn't count — even if everyone meant it sincerely. It has to be signed again after the six-week point.

You do NOT need the signed A101A before you file

This is the mistake that costs families their deadline, so it's worth stating plainly:

File your C51 within six months. Consent normally comes afterwards.

The court appoints your Cafcass parental order reporter shortly after your application is issued, and in UK cases it is usually that reporter who obtains the surrogate's consent on Form A101A. If you wait for a signed A101A before filing, you can burn the six-month window for no reason.

The only hard timing rule is the one above: consent given before the child is six weeks old does not count.

Work out your exact dates with the free deadline calculator →

Who has to sign

Always: the surrogate — the woman who carried the child.

Usually also: her spouse or civil partner, if she has one. Under UK law, a married surrogate's husband (or civil partner) is often treated as the child's second legal parent at birth, so their consent is required too.

Their consent is not needed if: they did not consent to the treatment, or they cannot be found.

What the form actually asks for

A101A is short. It records:

• Details of the child (name, date of birth)
• Details of the person consenting and their relationship to the child
• A statement that they freely, and with full understanding of what is involved, agree unconditionally to the making of the order
• Signature, date, and the witness's details

The consent must be unconditional — it cannot be made subject to conditions about contact, money or anything else.

Who witnesses it

England & Wales: in practice the Cafcass parental order reporter usually takes the surrogate's consent and witnesses A101A as part of their investigation. Cafcass's own guidance confirms they obtain consent "usually on Form A101A in England and Wales."

Scotland: the form must be witnessed by a Justice of the Peace or a Sheriff.

Northern Ireland: by a Justice of the Peace.

(Family Procedure Rules, r.13.11(2)–(3). If your surrogate lives elsewhere in the UK, this catches people out — a wrongly witnessed form has to be done again.)

Born overseas: this is different and it trips people up. The Cafcass reporter cannot take consent from a surrogate abroad. Consent must be witnessed by one of:

• a person authorised in that country to administer oaths for judicial or legal purposes
• a British Consular officer
• a notary public
• (for armed forces personnel) a commissioned officer

(Family Procedure Rules, r.13.11)

If your child was born through international surrogacy, sort this out early. Getting a properly witnessed consent document from another country takes longer than families expect, and an improperly witnessed form means doing it again.

Where to get the form

Form A101A is published on GOV.UK: Form A101A — Agreement to the making of a parental order

In many UK cases you won't need to download it — the Cafcass reporter brings it. For an overseas birth, you will usually need to send it out for signature yourself.

Frequently asked questions

Is A101A the parental order application form? No. That's Form C51. A101A is the surrogate's consent form.

Can our surrogate sign before the birth? No. Consent before birth has no legal effect, and consent in the first six weeks after birth is expressly ineffective.

What if she signed too early? It must be signed again after the six-week point. Nothing is lost — just re-take it.

What if our surrogate changes her mind? A parental order cannot be made if the surrogate actively withholds consent. If that happens, take legal advice immediately about alternatives such as a child arrangements order.

What if we can't find her? The Act allows the court to proceed where a person cannot be found or is incapable of giving agreement (s.54(7) / s.54A(6)). You will need to file a statement of facts setting out the history (FPR 13.10). This is legally involved — take advice.

When do we have to serve the C52? You must serve the application, the acknowledgement form and the notice of proceedings on the respondents at least 14 days before the first directions hearing, and they must file the acknowledgement within 7 days of being served (FPR 13.6–13.7). For a DIY application this is the duty most often missed.

Do we need one form per child? Yes — as with the C51, twins mean separate paperwork for each child.

Where PO Navigator fits

We guide you through every form in the parental order process — C51, A101A, the evidence and the court bundle — with the deadlines tracked for you.

• See how it works →
• Check whether your case is straightforward →

Sources

• HFEA 2008 s.54 · s.54A
• Family Procedure Rules Part 13 · PD5A
• Form A101A on GOV.UK
• Cafcass — Parental orders (surrogacy)

Last reviewed: July 2026