If you've just discovered that you were supposed to apply for a parental order within six months of your child's birth — and that window has closed — please take a breath. The law is more forgiving than the official guidance suggests.
Courts in England and Wales have granted parental orders to families who applied years late. This page explains exactly what the law says, what the courts have actually done, and what to do next.
This is guidance, not legal advice. If you are outside the six-month window, speak to a solicitor who specialises in surrogacy. This page will help you have a much better-informed conversation.
What the law says
The Human Fertilisation and Embryology Act 2008 says applicants:
"must apply for the order during the period of 6 months beginning with the day on which the child is born" — s.54(3) (couples) and s.54A(2) (single applicants)
Read on its own, that sounds absolute. GOV.UK repeats it as a flat rule: "You must apply within 6 months of the child's birth." No exceptions mentioned.
But that is not how the courts have interpreted it.
What the courts have actually done
Re X (2014) — the case that changed everything
In Re X (A Child) (Surrogacy: Time limit) [2014] EWHC 3135 (Fam), Sir James Munby, then President of the Family Division, considered a parental order application made two years and two months after the child's birth.
He asked the question directly:
"Can Parliament really have intended that the gate should be barred forever if the application for a parental order is lodged even one day late? I cannot think so."
And he concluded:
"I conclude, therefore, that section 54(3) does not have the effect of preventing the court making an order merely because the application is made after the expiration of the six month period."
The order was granted.
A v C (2016) — orders for children aged 12 and 13
In A v C [2016] EWFC 42, the court made parental orders for three children — one aged 13 and twins aged 12 — born in the USA in 2002 and 2004. The application wasn't made until 2016.
Why so late? The judgment records that the parents "had no idea such an order was required" until one of them happened to read a newspaper article.
The orders were granted.
So is the deadline meaningless?
No — and this matters. Please don't read this page as permission to relax.
- The six-month limit is a real statutory requirement. Treat it as a hard deadline whenever you still can.
- A late application asks the court to exercise a discretion. Discretion can be refused.
- You must still satisfy every other legal condition — and some of these get harder with time, not easier.
- A late application is likely to be more complex, slower and more expensive, and far more likely to need a solicitor.
The honest summary: being late is a serious problem, but it is usually a solvable one. Being late is not the same as being refused.
The conditions that still have to be met
Whether you apply on time or late, the court must be satisfied that:
| Condition | What it means |
|---|---|
| Genetic link | At least one applicant (or the sole applicant) provided the egg or sperm |
| The child's home is with you | Both at the date of application and when the order is made |
| Domicile | At least one of you is domiciled in the UK, Channel Islands or Isle of Man |
| Age | All applicants are 18 or over |
| Relationship (couples) | Married, civil partners, or living as partners in an enduring family relationship |
| The surrogate consents | Freely, unconditionally, and with full understanding |
| Consent timing | The surrogate's consent is ineffective if given less than six weeks after the birth |
| Payments | No more than reasonable expenses — unless the court authorises them |
| No previous order | No parental order has already been made for this child (s.54(8A)) |
The one to watch on a late application is consent. The surrogate must still agree, and you must still be able to find her. If years have passed, contact may have lapsed. Address this early — it is the most common reason a late application becomes genuinely difficult.
What to do now
- Don't wait any longer. The delay so far is explainable. Further delay, once you know, is harder to explain.
- Check you can still contact your surrogate, and that she is willing to consent. This is the critical path.
- Gather what you have — the surrogacy agreement, the birth certificate, evidence the child has lived with you, records of payments made.
- Get specialist legal advice. A late application is not a DIY job. Ask specifically about the court's approach to delay in Re X.
- Write down why the application is late — honestly and in detail. The courts have been notably sympathetic to families who simply didn't know the requirement existed.
Frequently asked questions
How late is too late? No reported case has fixed an outer limit. Orders have been granted more than a decade after birth. The court weighs the child's welfare, which is its paramount consideration — and for a child who has lived their whole life with you, that usually points strongly towards making the order.
Will I be in trouble for being late? There is no penalty or sanction for being late, and the courts have consistently treated these families with sympathy rather than criticism. But you are asking the court to exercise a discretion, and it will want to understand why the application is late — each case turns on its own facts.
Does my child have any legal protection in the meantime? This is the real risk of delay. Without a parental order, the surrogate (and in some cases her spouse) may remain your child's legal parent — with consequences for inheritance, parental responsibility, medical consent and travel. That's the reason to act now, not the deadline itself.
Can I do this without a solicitor? An on-time, straightforward application often can be done without one. A late application is different — you are asking the court to exercise discretion, and that benefits from proper representation.
What if my surrogate can't be found? The Act allows the court to proceed where a person "cannot be found or is incapable of giving agreement". You will need to file a statement of facts setting out the history. That is legally involved. Take advice.
Where PO Navigator fits
PO Navigator guides you through the parental order process — the forms, the evidence, the court bundle and the deadlines — for a fraction of solicitor costs.
To be straight with you: if you are outside the six-month window, your case is not the simple kind. We can help you get organised, understand the process and prepare your documents — but you should also take specialist legal advice, and we'll tell you when we think you need it.
- Check where you stand → — a few questions, and we'll tell you whether your case looks straightforward or complex
- Work out your dates → — see exactly where you are against every key date
Sources
- Human Fertilisation and Embryology Act 2008, s.54 and s.54A
- Re X (A Child) (Surrogacy: Time limit) [2014] EWHC 3135 (Fam)
- A v C [2016] EWFC 42
- Cafcass — Parental orders (surrogacy)
Last reviewed: July 2026