Alternatives to a parental order
A parental order is the legal remedy designed for surrogacy situations, so alternative options should be considered only as a last resort, where the court can be satisfied that a parental order is not available or is not appropriate.
Adoption
An adoption order is the closest alternative to a parental order. Like a parental order, it extinguishes the surrogate parents’ responsibilities and gives permanent parental status to the intended parents.
However, adoption law is immensely complex. An application might require a full assessment of suitability for parenthood by a local authority or adoption agency (and in international surrogacy cases this might need to be complete at the outset to avoid criminal offences). There are also restrictions on privately-arranged adoptions and payments for adoption, and there are complex provisions determining how long you must have lived with a child before you can apply, which can all cause difficulties. Legal advice on your particular circumstances is highly recommended.
Residence orders
A residence order is an order made by the court confirming who a child should live with. It confers parental responsibility on those named in the order.
The court has a broad discretion to act in accordance with the welfare of the child, which can make this a very flexible solution. However, unlike an adoption or parental order, a residence order does not extinguish the parenthood or parental responsibility of anyone else. It also does not confer full parental status.
Special guardianship
Special guardianship is a relatively new legal option, which sits somewhere between adoption and a residence order. Special guardians do not have full parental status, but they can exercise parental responsibility to the exclusion of the birth parents, which might be attractive in cases where there is a dispute between the surrogate parents and the intended parents.
Contact us for expert legal advice or representation if you are concerned that you might not be able to obtain a parental order and need to consider what other options are available.
