Do we need a parental order (where the intended father is the legal father)?
If the intended father is the legal father (typically where the surrogate was unmarried at the time of conception - find out more), he will be legally permitted to care for his child.
The status of his partner (either the intended mother or the non-biological father if the intended parents are a gay couple) will, however, be left unsecured. Though it may be possible to acquire parental responsibility without getting a parental order, the intended mother (or non-biological father) will not be a legal parent.
This applies whether the arrangement took place in the UK or abroad. English law will not automatically recognise a foreign birth certificate naming the intended mother as the mother following an international surrogacy arrangement; nor will it automatically recognise a foreign court order relating to surrogacy.
This could have a number of serious implications, including vulnerability if the intended father dies or the intended parents separate, and a lack of inheritance rights for your child. Some of these issues can be dealt with, for example by putting in place a specialist will.
