Surrogacy in the USA: the UK Parental Order guide
For UK intended parents · Reviewed June 2026
If you're a UK intended parent having a baby through surrogacy in the USA, your legal parenthood in the UK is only settled by a Parental Order — which must be applied for within six months of the birth. This guide walks through the the USA process end to end: who's eligible, the in-country journey step by step, the documents and consent you'll need, and how you bring your baby home.
Current position (June 2026): The January 2025 executive order on US birthright citizenship (EO 14160) has never taken effect — it is blocked by injunction and before the Supreme Court (Trump v. Barbara), with a ruling expected around end June / early July 2026. US passports are still being issued to surrogate-born babies as at this guide's date. Even in the worst case its definitions don't map cleanly onto surrogacy, and a UK-passport route exists if either parent is British — so babies are not left stranded. Check the current position before you travel.
Immigration & nationality: this guide explains the general process only — it is
not immigration advice (a regulated area in the UK). Your child's nationality, passport and entry to the UK depend on your circumstances — see
GOV.UK and take advice from a registered immigration adviser (IAA-regulated) or a solicitor.
At a glance
Risk levelEstablished, predictable route
EligibilityOpen to opposite-sex couples, same-sex couples, single applicants
Typical in-country stay~3–5 weeks (you usually travel home before the 6-week consent window opens)
Surrogate consentSigned remotely after you leave
TranslationNone — birth certificate, C52 and A101A are all in English
ApostilleSecretary of State of the birth state (not the US Department of State)
The in-country journey, step by step
- Before birthPre-birth order (PBO)In PBO-friendly states (CA, NV, CO, NY, IL, WA, DE, DC…) the court names the Intended Parents on the birth certificate; the surrogate usually is not named. This removes her US rights — but not UK parentage.
- Days 1–14Certified US birth certificateIn English. Obtain 5–10 certified copies with the raised seal — you need them for the apostille and the UK court.
- Days 3–28Child's US passportThe child is a US citizen by birth; the US passport is what gets the family to the UK. There is no exit permit.
- Weeks 3–5Travel to the UKUsually before week 6 — which is why the surrogate's consent is signed remotely, after you have left.
- ASAP, within 6 monthsFile C51 at the Central Family CourtFile early so C52 reaches the surrogate before week 6. The 6-month deadline is absolute.
- Week 6+Surrogate signs A101A & C52Before a US notary public — no translation. The earliest valid date is day 42.
- After signingApostille + courier originalsApostille the notarised A101A and birth certificate at the state Secretary of State, then courier the wet-ink originals (not scans) to your UK solicitor.
This guide covers the practical US-specific process and is based on common practice. Surrogacy law is set state by state — read it alongside advice from your US ART attorney/agency and your UK solicitor. It is not legal advice.
The full the USA guide goes deeper
Inside PO Navigator, the detailed the USA guide covers each of these in depth — with the exact UK forms, document checklists and a directory of vetted in-country providers:
Your legal team
You will have a US ART / reproductive attorney in the birth state (handling the surrogacy agreement, the pre-birth order, the birth certificate, and — importantly for the UK — coordinating the surrogate's signing after you have left), the surrogate's own independent US attorney (a safeguard UK courts value), often a US agency as case manager, and a UK specialist solicitor for the Parental Order.
Pre-birth order & birth certificate
In pre-birth-order (PBO) states — California, Nevada, Colorado, New York, Illinois, Washington, Delaware, DC and others — the court names the Intended Parents on the birth certificate, and the surrogate usually is not named.
Translation — none required
This is the headline US simplification. The birth certificate, C52 and A101A are all in English, the surrogate signs in English, and no certified translation is needed in either direction.
Notarisation, apostille & after-departure signing (C52 & A101A)
The US uses a common-law notary public — cheap and everywhere (banks, UPS/FedEx stores, law offices, mobile notaries; roughly $5–$25). Because you are usually back in the UK by week 6, the choreography is:
DNA testing — usually not needed
The child travels on a US passport (which needs no DNA), and the genetic link for the UK is normally proved by clinic, PBO and IVF records. DNA may be requested only where that documentary evidence is thin.
Citizenship & travel home
The child is a US citizen and travels to the UK on the US passport. How and when your child acquires British nationality, and the route to a UK passport, depend on your circumstances — this is a regulated area, so check GOV.UK and confirm your position with a registered immigration adviser or your solicitor.
🔒 The complete step-by-step the USA guide, the document detail and the vetted provider directory are inside PO Navigator. Start free to read the full overview and unlock the detail.
Frequently asked questions
Who can pursue surrogacy in the USA?
the USA is generally open to opposite-sex couples, same-sex couples and single applicants. Eligibility rules can change, so confirm your position before you commit.
How long will I need to stay in the USA?
Plan for around ~3–5 weeks (you usually travel home before the 6-week consent window opens). The main variables are the local documents, any required DNA testing, and the wait for your child's UK travel document.
Do I still need a UK Parental Order after surrogacy in the USA?
Yes. Wherever your child is born, your legal parenthood in the UK is only settled by a Parental Order, and you must apply within six months of the birth — a hard deadline that cannot be extended.
What does the UK court need from the USA?
Typically the foreign birth certificate (apostilled, with a certified English translation where it is not already in English), the surrogate's consent on forms C52 and A101A signed after the six-week point, DNA evidence where required, and your own statement.
Do I need a solicitor for the Parental Order?
Not necessarily — a Parental Order can be made without a solicitor, and many families self-represent with the right structure. PO Navigator provides that structure; for advice on your specific legal position a solicitor remains the right call. This is guidance, not legal advice.
Pursuing surrogacy in the USA? Start free — we'll set up your the USA guide and track your 6-month UK filing deadline.
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