If you are planning to become a parent through a surrogacy arrangement, it will be important to consider applying for a Parental Order to obtain legal recognition of your status. A Parental Order, rather like adoption, gives you all the rights and parental responsibilities as if you were the birth parent.

Parental Orders

Becoming a parent is an exciting and life changing event and the prospect of starting legal proceedings at the same time can feel a little daunting.

To keep the application process for obtaining a Parental Order straightforward and stress-free, it is important to seek early legal advice  to ensure you meet all conditions for the arrangement.

If your own particular situation does not satisfy the requirements, then there are alternatives to obtaining a Parental Order which can give you parental responsibility for your child and give you status as their carer.

Speaking to solicitors with expertise in Children’s Law will ensure that you know all of the options available to you and what you need to acquire parental rights for your child. By knowing all your legal options you will have the confidence and reassurance to focus on being a parent.

Important things to consider

It is absolutely essential to make your application for a Parental Order, if you are entitled to do so, within 6 months of the birth of your child. After 6 months the opportunity is permanently lost.

You must also satisfy the rules of domicile in the UK. If you are bringing your new born baby into the UK from abroad as a result of an international surrogacy, you must make sure that your child will satisfy the requirements of the UK Border Agency before you begin the process. This will avoid any difficulties with the immigration authorities.

The Human Fertilisation and Embryology Act 2008 is relatively new legislation and the concept of Parental Orders is new to many lawyers and lay people alike. The legislation is drafted to allow little margin for error or discretion and so an understanding of the rules from the outset is imperative. It is essential that you seek legal advise from solicitors who are specialists in this area of law.

Why use Fisher Meredith?

Fisher Meredith is an award winning London law firm with offices in Richmond, Surrey and Kennington, London. Our Children’s Law solicitors have an outstanding reputation for acting on behalf of individuals with highly successful results.

For 35 years, Fisher Meredith has developed a reputation for being approachable and “going the extra mile” for its clients whilst maintaining ethical and socially responsible standards.

Our Children’s Law Department has an excellent reputation for fearless and efficient representation of our clients. We will guide you through the Parental Order process or help you find alternative routes for legal recognition of your parenting role. We are also uniquely placed to advise in conjunction with our own excellent Immigration Law Department to ensure that you avoid falling foul of immigration rules where your surrogate child was born abroad.

What should I do now?

If you are considering becoming a parent through a surrogacy arrangement, and wish to apply for a Parental Order, our Children’s Law Department can provide you with quality advice to achieve the best possible outcome.

For initial advice or to arrange a meeting with one of our solicitors, please contact our helpline on 0800 014 7445.