An Overview of Surrogacy:
Surrogacy is an arrangement in which a woman carries and gives birth to a child for another person or couple, known as the intended parents (IPs). At birth, the surrogate is the child’s legal parent. To become the child’s legal parents, IPs must apply to the family court for a parental order. In a couple, at least one IP must be genetically related to the child; otherwise, legal parenthood must be obtained through adoption rather than a parental order.
A parental order transfers legal parenthood from the surrogate to the IPs, but it requires the surrogate’s consent. The process involves the family court and a Parental Order Reporter appointed through Cafcass, whose role is to assess the child’s welfare and the circumstances of the arrangement.
The following organisations can provide guidance and support; Surrogacy UK (SUK) website, Brilliant Beginnings (BB) website and My Surrogacy Journey website.
Before entering into any surrogacy agreement, remember that while surrogacy itself is legal in the UK, such agreements are not legally enforceable. The Surrogacy Arrangements Act 1985 makes it illegal to arrange surrogacy as a commercial activity.
Parental Order Application Process:
- Application to the court by the IPs
The application must usually be made within six months of the child’s birth. IPs may be required to file evidence showing that they satisfy the legal criteria.
- Appointment of a Parental Order Reporter by the court
The court asks Cafcass to appoint a reporter to assist in determining whether the order should be granted.
- Work Completed by the Parental Order Reporter
The reporter meets the IPs, observes them with the child, and confirms the surrogate’s free consent. This stage typically takes 8–12 weeks and concludes with a report to the court.
- Court Hearings on the Parental Order Application arranged by the court
The court usually holds an initial directions hearing and, if necessary, further hearings before the final hearing, at which the court decides whether to grant the parental order.
If you or someone you know would like any further information regarding the above, our Family department is here to assist. Please contact us below or on 0208 049 5888.
