September 22, 2026

What is a parental order and when should you apply for one

Posted in Child abduction, Children Disputes, Family, International Family, Relocation, Separation & Divorce
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Annie Leach
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A parental order is an order made by the English court which grants parents legal rights over their child in circumstances where the child has been born via surrogacy. Different to other orders made by the family court, a parental order transfers the legal rights from the surrogate, and their husband if married, to the parents.

The current law states that when a child is born by surrogacy, the surrogate, and their husband if married, automatically are granted legal rights to the child born. This is the case even if the child is biologically related the parents. In English law, the parents do not get legal rights automatically at birth. To obtain legal rights, the parents would need to apply for a parental order.

A parental order should be applied for six weeks and one day after the birth of the child. It needs to be applied for within the first six months of the child’s life. In almost all circumstances where a child has been born via surrogacy, a parental order will need to be applied. There are certain, exceptional, circumstances where a parental order may not be the appropriate order to apply for.

Examples of this would be where the child is not biologically related to either of the parents, or if there were other complications such as the surrogate not consenting to a parental order.

Whilst it is hoped that the law on surrogacy will soon change, this process can be difficult to navigate in some cases, and legal advice is always beneficial.

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If your child has been born through surrogacy, it is important to seek legal advice as soon as possible to ensure the correct steps are taken to secure your legal parenthood and protect your family's future.

Kim is a recognised expert practising exclusively in all aspects of international and domestic children law. This includes international child abduction – Hague Convention and Non-Hague Convention wardship proceedings pursuant to the Inherent Jurisdiction of the High Court and relocation proceedings.

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