The Parental Order

Parental Order Process

To apply for a Parental Order post birth you must meet some legal requirements these are as follows: You must be genetically related to the child to apply for a Parental Order i.e. the egg or sperm comes from one or both parents. You must be in a relationship where you and your partner are either:

  • married
  • civil partnership
  • living as partners

You and your partner must also:

  • have the child living with you
  • reside permanently in either the UK, Channel Islands or Isle of Man

What the Parental Order does, is it transfers the legal rights from the surrogate (and her husband if she is married) to the intended parents and a new birth certificate is issued upon completion with only the intended parents details on.  


You cannot currently apply for a Parental Order as a single person. This rule is due to change at some point in the near future and we will update the website when we have more information (November 2017). 


Please follow this link for further clarification and to access the C51 application form on the government website - 


https://www.gov.uk/become-a-childs-legal-parent


During the Parental Order process, a CAFCASS officer will be assigned to the case. The officer visits the surrogate and the intended parents separately to understand their journey and to facilitate the signing of the relevant paperwork. They will then write a report which the court will use to grant the Order.   


However in Scotland it is slightly different and the court will assign a lawyer to complete the same process. Due to this the costs to gain a Parental Order in Scotland are significantly higher than in the rest of the UK. In England and wales the fee is £215, in Scotland the lawyer fees can cost around £2k-£3k so this is something to budget for carefully. 

In North Ireland things are a little different again the fee is lower around the £100 mark and NIGALA is appointed and he case is always with dealt with by OCP for children in the high court