A Parental Order is an order that is unique to surrogacy, and which regulates legal parenthood.
In England and Wales, the surrogate will be classed as the legal mother when a baby is born. If she is married or in a civil partnership, her spouse or partner will usually be considered as the child’s second parent. This will remain the case until a Parental Order is made by the Court that transfers legal parenthood to the intended parents or parent.
In this article, we’ve answered some of the most common questions we get about Parental Orders. Read on to find out more or get in touch with our experienced Fertility and Surrogacy Solicitors for advice that’s tailored to your situation.
We're rated‘Excellent’A Parental Order will be needed whether your surrogacy arrangement took place in the UK, or internationally.
This applies even if you have a Court order from the country where the arrangement took place that states you are the child’s legal parents. This is because, unfortunately, there is still no reciprocal recognition of surrogacy orders and parenthood internationally.
Our Fertility and Surrogacy Solicitors can help you make sure you can obtain legal parenthood on your return to England or Wales and work closely with your overseas Solicitor to make sure all the relevant documents are signed and translated.
As the law currently stands, a Parental Order can only be made after a baby is born.
It is not yet possible to transfer legal parenthood pre-birth. This is still the case even if the surrogacy arrangement has taken place in a country where legal parenthood is transferred to the intended parents at the time of the birth or beforehand.
A Parental Order is like adoption in that it severs all legal ties between the surrogate and the baby and grants legal parenthood to the person or couple who will be raising the child.
As the consequences of a Parental Order are so significant, it is always important to check before entering into a surrogacy arrangement that you are eligible as intended parents for a Parental Order.
To be eligible for a Parental Order, the below criteria must be met:
Over time, the court has given significant guidance and clarity on how these criteria will be interpreted and what will and will not be considered sufficient to meet them.
As well as these specific factors, the court will also consider the welfare interests of the child involved, and ensure there are no welfare reasons, or public policy reasons why the order should not be made.
If you are considering surrogacy and would like to understand more about parental orders and the process for obtaining them, get in touch with one of our expert Fertility and Surrogacy Solicitors. We can also advise you on how the parental order criteria will be viewed in your case.
In England and Wales, a Parental Responsibility Order is a Court Order which gives a person Parental Responsibility - which isn’t the same as being a parent. Instead, Parental Responsibility gives a person "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".
A Specific Issue Order is a type of Court Order that helps to settle a specific dispute about child arrangements after a divorce or separation.
There’s no single definition of parental alienation, but it’s often characterised by the resident parent psychologically manipulating a child against the other parent. That way, the child aligns themselves with one parent’s views and takes their side.
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