Parental Order for a Surrogate Born Child

There is no international harmonisation of surrogacy law and each jurisdiction takes its own approach, with some prohibiting surrogacy and others permitting surrogacy on an altruistic or commercial basis.

A parental order is the bespoke legal solution for surrogacy under English law. It confers legal parental status and rights on intended parents for their surrogate born child/ren. It extinguishes the legal status of surrogates and their spouses for English legal purposes.

A parental order application is made pursuant to s54 (or s54A) Human Fertilisation and Embryology Act 2008. Subject to eligibility, it is relevant in a number of situations, including:

To confer legal status upon intended parent/s following a UK surrogacy arrangement.
To confer legal status upon intended parent/s following an international surrogacy arrangement.
To regularize legal status for an overseas surrogate born child and his/her intended parents under English law following relocation to the UK (there being no international recognition of legal parentage for surrogate born children).

We have preeminent specialist legal expertise in surrogacy law in the UK. Our founder, Louisa Ghevaert, has litigated many of the leading and landmark surrogacy cases in the UK for more than the last decade and she continues to shape law and policy in this rapidly evolving area. Our leading status at the forefront of the law delivers ground-breaking and innovative legal solutions.

How We Can Help

Our legal services include:

Legal packages
Bespoke legal advice tailored to your situation, needs and wishes
Preparation of legal documentation
Legal support and representation in court proceedings

Legal Package

Package One

Parental order for intended parent/s undertaking surrogacy - legal review

This provides expert English surrogacy law advice to intended parent/s or surrogate/s undertaking a surrogacy arrangement.

It:

Advises on surrogacy law in the UK and parental status and rights.
Advises on British birth registration.
Advises on legal criteria and court process for a UK parental order in the English Family Court.
Advises on alternative family law orders for a surrogate born child in the event of legal and practical difficulties.
Advises on surrogacy case law in complex cases (e.g. issues with payments, consent of surrogate, care of child).
Answers legal and practical questions.

Note:

This consultation only provides initial specialist advice on surrogacy and family law in the UK (and not law in other jurisdictions). This package does not include legal representation or advice in court proceedings or review or preparation of legal documents. Terms and Conditions apply. For further legal advice and assistance consider our other legal packages and bespoke legal services.

If you require legal assistance or wish to discuss your situation contact us

+44 (0) 20 7965 8399

Bespoke Legal Services

We also provide further and ongoing tailored legal advice, assistance and representation in legal proceedings in the English Family Court, including:

Leading Cases

Louisa Ghevaert has dealt with numerous leading cases about parental orders for surrogate born children in the English Family Court, find out more here.