Surrogacy Court Process
The surrogacy court process starts with your application for a Parental Order. This should be issued as soon as you have the child’s birth certificate and before the child is 6 months old. It is done on a C51 form and with the court fee which is currently £215 per application (not per child).
A Parental Order Reporting Officer will be appointed from CAFCASS (The Children and Family Court Advisory and Support Service).
This officer will conduct safeguarding checks as soon possible. The court needs to be satisfied that there are no issues which mean that the child is at risk of harm. Once safeguarding checks are complete, the Officer is directed to prepare a report for the Court recommending whether an Order is in the best interests of the child.
The Parental Order reporting officer will contact you and arrange to meet you at the child’s home. He/she will take detailed information from you about your surrogacy journey. The reporting officer is independent and not looking for ways to ‘catch you out’. They are friendly officers wanting to ensure that the arrangement was legal and most importantly that the child is safe.
At the first Hearing, the court is presented with the evidence in your case. The evidence will be reviewed and the Judge will decide whether further evidence is required. If further evidence is required, directions will be made, the case is then listed for another Hearing. A Parental Order should be made as soon as the directions have been complied with.
There is a difference in the surrogacy court process depending on other the arrangement was in the UK or abroad.
Do contact me to advise you throughout this process. I will help gather all of the evidence required for the Parental Order.
Please call surrogacy lawyers for advice on the surrogacy court process on 01727 884 688 / 07980 917882 or e-mail directly on harjit@surrogacylawyers.co.uk
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I provide legal advice on surrogacy based on the law in England and Wales.
I have acted for clients working with many agencies across the world. I will not recommend any surrogacy provider, destination, agency or clinic. If my advice concludes that you can become legal parents following the arrangement you are considering, it should not be taken as advice to proceed. If I have acted for couples who have entered into similar arrangements, you should not take that as advice to proceed. You must always do your own due diligence on any agency / destination. A successful arrangement for someone else won’t always mean a successful arrangement for you. I will not take part in any negotiations for your surrogacy arrangement nor, will I review your surrogacy contract.