Surrogacy can offer a route to parenthood for individuals and couples who cannot safely conceive or carry a child themselves. However, in England and Wales, the intended parents do not automatically become the child’s legal parents when the child is born.
As at August 2026, the existing parental order framework remains in force. The Law Commission’s proposed reforms could eventually change how legal parenthood is established, but they have not yet become law.
This article explains the current process, the usual timeline, the position of single applicants, and what the proposed reforms could mean for intended parents planning a surrogacy journey in 2026.
Important: This article provides general information about the law in England and Wales. It is not a substitute for advice on your individual circumstances.
Who is the legal parent at birth?
Under the current law, the surrogate is the child’s legal mother at birth. If she is married or in a civil partnership, her spouse or civil partner may also have legal parenthood, depending on the circumstances and fertility-treatment consent.
This applies even where one or both intended parents have a genetic connection with the child.
The intended parents will usually care for the child from birth, but they need a parental order to transfer legal parenthood to them. A surrogacy agreement cannot, by itself, transfer parenthood because surrogacy agreements are not legally enforceable in England and Wales.
A parental order is therefore important for:
- Making the intended parent or parents the child’s legal parents;
- Establishing parental responsibility;
- Making decisions about healthcare, education and travel;
- Reducing complications if the intended parents separate;
- Protecting inheritance and pension rights; and
- Ensuring the child’s legal documents accurately reflect their family.
The government’s surrogacy pathway guidance provides an overview of the current process.
Can a single person apply for a parental order?
Yes. Single intended parents can apply for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008.
The single applicant must generally:
- Be aged 18 or over;
- Have a genetic connection with the child;
- Be domiciled in the United Kingdom;
- Have the child living with them;
- Apply within six months of the child’s birth; and
- Obtain the required consent from the surrogate and, where relevant, her spouse or civil partner.
The position of single applicants is particularly important because the law was amended to allow a sole applicant to apply for a parental order. The court’s focus remains the child’s lifelong welfare and whether the statutory criteria have been met.
A single intended parent should obtain advice before conception where possible. The genetic-link requirement, domicile position, consent arrangements and the proposed treatment route should be considered at the outset: not after the child is born.
The current parental order timeline
The parental order process begins after birth. The usual timeline is as follows.
1. Birth
At birth, the surrogate remains the legal parent under the current framework. The intended parents will usually take on day-to-day care, but the legal transfer has not yet taken place.
The parties should keep records from the beginning, including:
- The child’s birth certificate and medical records;
- Fertility-clinic documentation;
- The written surrogacy agreement or statement of intentions;
- Records of payments and expenses;
- Evidence of the intended parent’s genetic connection;
- Details of the surrogate’s marital or civil-partnership status; and
- Relevant travel, identity and immigration documents.
2. Consent after six weeks
The surrogate’s consent to a parental order cannot normally be given until at least six weeks after the child’s birth. Consent must be free, unconditional and informed.
The parental order reporter will usually meet the surrogate and consider whether consent has been given properly. If the surrogate is married or in a civil partnership, her spouse or civil partner may also need to provide consent.
The position can be more complicated where the surrogate cannot be found, lacks capacity, or actively objects. Specialist legal advice should be obtained immediately if there is any uncertainty about consent.
3. Application within six months
The intended parent or parents should issue the application in the Family Court within six months of the child’s birth. The application is usually made using Form C51.
The six-month period is the statutory timeframe for both couple applications and applications by a single intended parent. Although the courts have taken a flexible approach to late applications in appropriate cases, missing the deadline should never be treated as harmless. A late application may require additional evidence and a specific explanation.
4. Reporter’s assessment and court hearings
After the application is issued, the court will appoint a parental order reporter. In England, this will usually be through Cafcass; in Wales, Cafcass Cymru.
The reporter normally considers:
- The child’s welfare;
- The intended parents’ circumstances;
- Whether the child is living with the intended parents;
- The genetic connection;
- The circumstances of the surrogacy;
- The surrogate’s consent; and
- Payments made to the surrogate.
The reporter may meet the intended parents with the child and speak with the surrogate. Cafcass explains that this work commonly takes around eight to twelve weeks, although timescales vary.
The current Family Procedure Rules Part 13 sets out the procedure for parental order proceedings. The first directions hearing is generally listed within four weeks of issue, unless the court gives directions without a hearing or orders otherwise.
What about payments to the surrogate?
The intended parents must provide details of payments made to the surrogate as part of the parental order application.
UK law does not provide a simple fixed definition of “reasonable expenses”. The court considers the circumstances of each case. Expenses may include pregnancy-related travel, lost earnings, childcare, maternity clothing, medical costs and other reasonable costs connected with the arrangement.
If payments exceed what the court considers reasonable, the court may be asked to authorise those payments retrospectively. This does not guarantee approval. Intended parents should agree a clear budget, keep receipts and records, and obtain advice before making significant payments.
Recent case-law developments continue to emphasise that the child’s welfare is central when the court considers whether to authorise payments and make a parental order. Commercial or unusual arrangements should be reviewed carefully before conception or, for international arrangements, before travel.
What is the Law Commission proposing?
The Law Commission of England and Wales and the Scottish Law Commission published their joint report, Building families through surrogacy: a new law, in 2023. The report included draft legislation and a proposed new regulatory framework.
The central proposal is a new pathway to legal parenthood for qualifying domestic surrogacy arrangements. Rather than requiring intended parents to wait until after birth and then apply for a parental order, intended parents could become legal parents from birth if prescribed safeguards were completed before conception.
Those safeguards could include:
- Medical and criminal-record checks;
- Independent legal advice;
- Counselling;
- Welfare assessments;
- A regulated surrogacy agreement; and
- Oversight by regulated, non-profit surrogacy organisations.
The surrogate would retain a right to withdraw consent within the proposed framework. The reforms would also introduce a new approach to parental orders for arrangements outside the new pathway, including international surrogacy.
One significant proposal is that a court could make a parental order without the surrogate’s consent where the child’s welfare requires it. This would change the current position, under which an active refusal of consent can prevent a parental order from being made.
The proposals also contemplate specific provisions for sole applicants, including a declaration confirming that the arrangement was always intended to involve one intended parent. This is not a return to excluding single applicants; rather, it is a proposed additional safeguard and transparency requirement.
Are new Family Court rules already in force?
No new 2026 Family Procedure Rules specifically implementing the Law Commission’s proposed surrogacy pathway have been adopted.
The current parental order process continues to operate under the existing legislation and Part 13 of the Family Procedure Rules. If the proposed reforms are introduced, new court rules and procedural guidance would likely be needed to address:
- Disputes about withdrawal of consent;
- Applications outside the new pathway;
- International arrangements;
- The role of parental order reporters;
- Evidence and safeguarding checks; and
- The interaction between regulated surrogacy organisations and the Family Court.
The Law Commission’s proposals should therefore be treated as a possible future framework: not as a process that intended parents can currently use.
International surrogacy and travel planning
International surrogacy presents additional legal and practical risks. The intended parents may need to deal with:
- The law of the country where conception or birth takes place;
- The child’s nationality and passport;
- Entry clearance or permission to travel to the UK;
- Recognition of the surrogate’s consent;
- Foreign birth certificates and court orders; and
- The UK parental order process after returning or preparing to return.
A foreign birth certificate may not, by itself, make the intended parents the child’s legal parents in the UK. The UK parental order requirements still need to be considered.
For advice on passports, nationality, visas and bringing a child to the UK, visit our Immigration & Visa Services page. Family and immigration advice should be coordinated from the beginning in cross-border cases.
How should intended parents prepare in 2026?
If you are considering surrogacy in 2026, preparation should include:
- Check eligibility before conception. Confirm the genetic-link, domicile and relationship requirements that may apply to you.
- Obtain independent legal advice. Advice should cover the proposed treatment, the surrogate’s legal position, parental orders and international issues.
- Create a written plan. Discuss healthcare, birth, contact, expenses, difficult decisions and post-birth arrangements.
- Keep detailed financial records. Record what is paid, when it is paid and the purpose of each payment.
- Plan for the six-month deadline. Identify who will prepare the application and gather evidence well before birth.
- Coordinate immigration advice early. Do not wait until the child is born to investigate travel and nationality requirements.
- Do not rely on reform being enacted. Plan your journey under the current law unless and until new legislation comes into force.
Speak to Tyndel Solicitors’ family law team
Surrogacy combines family law, fertility, children law, human rights and, in international cases, immigration and nationality law. Early advice can help identify problems before treatment begins and reduce avoidable uncertainty after birth.
If you are an intended parent, a single applicant, a surrogate or a family member dealing with a complex surrogacy arrangement, contact Tyndel Solicitors’ Family Law team for clear, confidential advice tailored to your circumstances.
