UK Parental Orders After Surrogacy: Why DNA Testing Matters and How to Apply Successfully

UK Parental Orders After Surrogacy: Why DNA Testing Matters and How to Apply Successfully

Bringing home a child through international surrogacy is a dream for many, but the process doesn’t end at birth. For UK-based intended parents, obtaining a parental order is crucial to transfer full legal parenthood from the surrogate to themselves. One often overlooked—but absolutely essential—requirement for this process is DNA testing. Here’s what you need to know to secure your family’s future and how a professionally conducted DNA test can protect your parental rights.

What Is a Parental Order in UK Surrogacy?

A parental order is a UK court order that legally transfers parental responsibility from the surrogate mother (and her partner, if applicable) to the intended parents. Without this order, your child’s legal parent in the UK remains the surrogate—even if you are genetically related to the child. The law is clear: you must apply for a parental order within six months of birth, and the child must be living with you in the UK at the time of application.

Why Is DNA Testing Required?

DNA testing proves the genetic link between at least one intended parent and the child—a requirement for obtaining a parental order after surrogacy. The UK court will not grant a parental order unless they are satisfied that one applicant is genetically related to the child through their sperm or egg. This legal safeguard exists to prevent exploitation and ensure the welfare of the child.

“At least one of the intended parents must have a genetic link to the child (i.e. their sperm or eggs must have been used)... It is not possible to apply for a parental order where both donor sperm and eggs have been used.”

If you have used embryos created from both donor sperm and eggs, adoption will be required instead of a parental order.

Common Pitfalls: When Parents Are Caught Unprepared

Many intended parents mistakenly assume that a birth certificate or overseas court order will suffice. However, UK law does not recognize foreign pre-birth orders or birth certificates as proof of legal parenthood for parental orders. Only a court-approved DNA test clearly establishing your genetic relationship will meet the criteria.

How to Apply for a Parental Order: Step-by-Step

Link to UK government website application for parental order:

https://www.gov.uk/legal-rights-when-using-surrogates-and-donors/become-the-childs-legal-parent

To apply for a parental order in the UK after surrogacy abroad, you must meet strict legal requirements and follow a step-by-step process. Here’s a clear outline, directly based on UK government guidance and legal best practice:

Who Can Apply for a Parental Order?

• Couples (married, civil partners, or living as partners): At least one must be genetically related to the child (egg or sperm donor).

• Single applicants: You must be genetically related to the child.

• You must have the child living with you and reside permanently in the UK, Channel Islands, or Isle of Man (this is flexible for surrogacy)

• You must apply within 6 months of the child’s birth.

What’s Required?

• Form C51 (application for a parental order)

• The child’s full birth certificate

• Court fee: £263 (England/Wales)

• Surrogate’s consent: The surrogate, and anyone else who is a legal parent (such as a spouse), must agree by signing Form A101A. Consent cannot be given before the child is six weeks old.

• Proof of genetic relationship: If the child is born abroad, this is typically established by a legally admissible DNA test.

How to Apply (England and Wales)

1. Complete Form C51—get it from the [UK government website].

2. Submit the form—take or send it to a family court (doesn't have to be your local court but you must explain why if not).

3. Include supporting documents—the child’s birth certificate, any DNA evidence, and pay the fee.

4. Serve documents on the surrogate (and spouse, if any). You’ll receive a C52 acknowledgment form to give them.

5. The surrogate and any relevant parent(s) sign Form A101A to confirm consent.

6. The court sets a hearing date and may appoint a Parental Order Reporter (social worker) to investigate and prepare a welfare report.

7. Attend hearings—for international surrogacy, hearings are typically at the High Court and may be formal and require extensive evidence.

In Scotland or Northern Ireland

• The process is similar, but you must contact the Court of Session or Sheriff Court in Scotland, or the Courts and Tribunals Service in Northern Ireland.

Key Points for International Surrogacy:

• If the child was born outside the UK, your case will be managed in the High Court in London, and you must provide extensive evidence.

• DNA testing is often essential to prove the genetic link that UK law requires to grant a parental order when applying after surrogacy abroad.

If neither you nor your partner is genetically related to the child:You cannot obtain a parental order in the UK—the only path to legal parenthood is adoption.

For marketing your DNA test, emphasize:

• Your test is court-approved and legally admissible for parental orders in the UK—making the process smoother and helping parents avoid delay.

Reference:All legal steps and requirements outlined above are based on the official UK government guide for becoming a legal parent after surrogacy.

The Role of a Legally Admissible DNA Test

• Must use an accredited, UK-approved provider for DNA testing to ensure your results are accepted by the courts.

• Cryo Medical Logistics - A Greenplace Healthcare Company's test is specific for surrogacy parental orders: quick turnaround, full chain of custody, and documentation that’s court-ready.

• We provide expert support throughout the process, helping you avoid delays and legal complications.

Why Choose Cryo Medical Logistics - A Greenplace Healthcare Company for Surrogacy DNA Testing?

• Court-Admissible: Our procedures meet UK legal requirements for evidence in family court.

• Discreet and International: We can send DNA kits worldwide if your surrogate or child is abroad, and coordinate collection in the UK.

• Expert Guidance: We offer dedicated support from order to submission, ensuring all documentation is in order for your parental order application.

Final Tips for Intended Parents

• Start planning for DNA testing early. Make arrangements before your child is born, especially if your surrogacy is abroad.

• Keep all paperwork—medical records, surrogacy agreement, travel documentation—organized for easy court submission.

• Seek legal advice promptly if your case has unusual circumstances (e.g., separated parents, late application).

Secure your child’s future—ensure your parental order process is smooth, stress-free, and legally sound with our professional DNA testing service.

For more information, or to order a surrogacy DNA test, Contact Us Today

Email: clients@greenplacehealthcare.co.uk

Phone: +442081500059