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 and your partner ( if you have one )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 / wife if she is married) to the intended parent(s) and a new birth certificate is issued upon completion with only the intended parent(s) details on.  

Due to changes in the law in December 2018 single people can now apply for a parental order. Like a couple you must still follow the guidelines of been genetically related to the child and be domiciled in the UK.   

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

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