Building a family through surrogacy can be an emotional and life-changing journey, but it also raises complex legal issues that intended parents must address to secure their parental rights. In this case study, our specialist family law team supported two intended parents through the legal process of obtaining a Parental Order following a surrogacy arrangement.
For context:
Our family law team was instructed in a sensitive matter, acting on behalf of two intended parents in relation to a surrogacy arrangement. Surrogacy cases are an increasingly significant and evolving area of family law, reflecting the growing diversity of modern family structures and the use of assisted reproduction to build families. These matters often require legal navigation to ensure the intended parents secure legal recognition of their parental status.
Legal position of intended parents in surrogacy arrangements
The intended parents instructed us after the pregnancy was already underway. As solicitors, we are unable to advise on entering or facilitating surrogacy arrangements themselves; instead, our role is focused on advising on the legal consequences and subsequent steps to secure legal parenthood.
The surrogate is recognised as the child’s legal mother at birth, meaning intended parents may initially have no legal rights to the child at birth. This was the situation faced by our clients. Had no legal steps been taken, the surrogate would have retained legal parenthood and parental responsibility, and the intended parents would have no legal status or rights in relation to the child, despite being the child’s parents in every practical sense and the surrogate having no ongoing involvement in the child’s life.
What happened next?
Applying for a Parental Order
We explained the necessity of applying for a Parental Order to ensure that legal parenthood and parental responsibility were permanently transferred from the surrogate (and her spouse or civil partner, where applicable) to the intended parents. We explained that without a Parental Order, the intended parents would not be recognised in law as the child’s legal parents, despite the agreed position being that they would be the child’s primary carers from birth.
Our team provided clear, practical advice and guidance on:
- Eligibility requirements for a Parental Order.
- Statutory criteria that must be satisfied under UK surrogacy law.
- The court process, timescales, and procedural requirements involved.
- The evidence and supporting documentation required to support the application.
- Ensuring the child’s and intended parents’ legal statuses accurately reflected the reality of their intended family life.
We then prepared and lodged the Parental Order application and supporting evidence with the court, guiding the clients throughout the court proceedings.
Court approval and legal recognition of parenthood
The court was satisfied that all statutory criteria had been met and that the making of the order was in the child’s lifelong welfare interests. A Parental Order was granted, securing full legal parenthood and parental responsibility for the intended parents, thereby extinguishing the surrogate’s legal status.
Why Tees made a difference
This matter highlights how our team combines technical expertise in surrogacy law with clear, compassionate guidance during what is often a highly sensitive process.
In this case, we helped the clients by:
- Explaining complex legal principles in a clear and practical way.
- Managing the parental order application.
- Ensuring full compliance with court requirements.
- Securing legal certainty and protection for the family.
Our support enabled the intended parents to move forward with confidence, knowing their legal position fully reflected their role as parents.
Giving you the full picture
If you need advice on surrogacy or Parental Orders, our specialist family law solicitors can help you understand your legal position and guide you through the process.
Contact Tees Law Family Team for clear, expert advice tailored to your situation.
