DYNAMIC LEGAL SUPPORT FOR SUCCESSFUL INDIVIDUALS, BUSINESSES, SCHOOLS & CHARITIES
Surrogacy Legal Guide
Non-contested application for a parental order
barlowrobbins.com
BARLOW ROBBINS SURROGACY LEGAL GUIDE
Surrogacy Law
A guide to non-contested applications for a parental order Until a Parental Order is applied for and made by the court, the child’s surrogate parent, and their spouse or civil partner if they have one, are considered the legal parents of the child and retain parental responsibility. In order to confer legal parentage, the prospective parents must apply for a parental order. THE FLOWCHART BELOW SHOWS, VERY SIMPLY, THE PROCEDURE TO FOLLOW IN A CASE WHERE THE SURROGATE PARENT(S) IS/ARE NOT CONTESTING THE APPLICATION:
1
2
3
4
APPLICATION TIME FRAME Application for a parental order must be made within 6 months of child’s birth.
Application made on Form C51 attaching surrogate parent(s) consent on Form A101A and any other appropriate documents
CHILD BORN TO SURROGATE ABROAD Application made to the Family Division of the High Court
CHILD BORN TO SURROGATE IN ENGLAND AND WALES Application made to Lay Justices (Magistrates)
Proceedings issued and court lists a short directions hearing
DYNAMIC LEGAL SUPPORT FOR SUCCESSFUL INDIVIDUALS, BUSINESSES, SCHOOLS & CHARITIES
5
6
7
Issued proceedings and notice of hearing to be served upon surrogate parent(s) (if uncontested, surrogate parents will not need to attend court hearings)
Court appoints a Parental Order Reporter who will assist the court in reaching their decision as to whether to grant a Parental Order by providing a report, after having considered the application and visited the prospective parents and child
Court hearing directing prospective parents to file statements and directing the Parental Order Reporter to file their report
8
9
Report and statements filed
Final hearing at which Parental Order is granted and at which the courts actively encourages the prospective parents to attend with the child
For a personal approach to your legal requirements, contact Barlow Robbins: GUILDFORD
WOKING
LONDON
E: info@barlowrobbins.com
E: woking@barlowrobbins.com
E: london@barlowrobbins.com
T: +44 (0)1483 543210
barlowrobbins.com
T: +44 (0)1483 748500
@FamilyIssuesBR
T: +44 (0)207 0780810
barlow-robbins
This leaflet contains general information only and although it is believed to be accurate at the time of first publication, no representation or warranty is made. It may not reflect the current law or position and it should not be used as a substitute for obtaining legal advice. Subject to any liability under English law which cannot be excluded, we will not be responsible for any loss or damage whatsoever arising from your use of this leaflet. If you need legal advice, please contact a member of our Family team who will happy to assist.
BARLOW ROBBINS SURROGACY LEGAL GUIDE
V1-JULY19
GUILDFORD The Oriel Sydenham Road Guildford, Surrey 
GU1 3SR
WOKING Concord House 165 Church Street East Woking, Surrey GU21 6HJ
LONDON 5th Floor 20 North Audley Street London, W1K 6WE
T: +44 (0)1483 543210
T: +44 (0)1483 748500
T: +44 (0)207 0780810
E: info@barlowrobbins.com
barlowrobbins.com
E: woking@barlowrobbins.com
E: london@barlowrobbins.com