Parental orders: the application process
To apply for a parental order, the intended parents must complete court form C51 and submit it to a Family Proceedings Court (magistrates court). The application must be submitted within six months of the birth.
On receipt of the application, the court will issue a form C52 (acknowledgement) form and send it to the intended parents, who must give this to the surrogate mother and her husband. The surrogate parents must sign and return the form to the court within 14 days.
If the case is straightforward, it will be dealt with in the Family Proceedings Court. There will normally be two hearings:at the first, the court will appoint a parental order reporter (whose role is to interview the intended and surrogate parents and to prepare a report for the court) and set the timetable for the rest of the case; at the final hearing the parental order should be granted, assuming that there are no complications.
If there are any complications, the case may be referred up to the Principal Registry of the Family Division/ County Court or to the High Court (Family Division). More involved procedure then applies, which we can advise you on if necessary.
Parental order application: do I need a solicitor?
In straightforward cases, many intended parents deal with the legal process themselves, and we provide many clients with support and assistance to help them with this. Many clients find it reassuring to at least be given some guidance on what they need to do, and we offer an easy fixed-fee service to help you to manage the process.
In more complex cases (for example where one or more of the parental order conditions may not be satisfied, or where there is an international element), having legal representation throughout the process is something to consider. Please contact us if you would like our help or expert representation. We provide a range of services, from full representation to support behind the scenes.
