After a child is born through surrogacy, the surrogate is initially recognised as the legal parent, regardless of any biological connection to the intended parents. A parentage order is the legal step that transfers parentage to the intended parents.

Why it's needed

Without a parentage order, the intended parents don't have legal parentage of the child, even if they've been caring for the child since birth, and even if one or both are the biological parents. This order formally recognises them as the legal parents.

Applying to the court

The intended parents apply to the court after the birth. There's generally a window of time within which the application needs to be made, so it's important to get advice and start the process without unnecessary delay.

What the court considers

The court looks at whether the surrogacy arrangement was made properly, including whether the right advice and counselling occurred beforehand, and whether making the order is in the best interests of the child.

After the order is made

Once granted, the birth record can be updated, and the intended parents are recognised as the child's legal parents going forward.

It's an important formal legal process

A parentage order isn't automatic or a formality to skip. It requires an application, supporting evidence, and the court's approval. Getting the earlier steps right makes this stage much smoother.

We can guide you through this step

If you're considering surrogacy, we're here to help.

This information is general in nature and does not constitute legal advice. For advice specific to your circumstances, contact us today.