When a child is born through surrogacy, the intended parent requires to apply to the court for a parental order. Parental orders transfer legal parenthood from the surrogate (and her spouse or civil partner, if applicable and in certain circumstances) to the intended parents. A parental order can not be made in the absence of the surrogate’s consent.
The parental order process takes place after the baby is born. The majority of surrogacy cases in Scotland and the UK are straightforward and it is rare that consent is withheld by the surrogate, or for a parental order to not be considered in the best interests of the child.