In many overseas surrogacy destinations, the Intended Parents will be recognised as your baby’s legal parents at birth and in some jurisdictions, even pre-birth. This is not the case under UK law. Irrespective of who is the genetic parents and the laws of the country the child was born, in England and Wales, the surrogate will still be regarded as the legal mother, and if she is married, her spouse as the father or second legal parent.
This means that potentially Intended Parents could have a birth certificate from another jurisdiction naming them as the parents that is not recognised in the jurisdiction of England and Wales.
For Intended Parent/s to be recognised as the legal parents in this jurisdiction, they will need to apply for a parental order.
Intended Parents should make the application for a parental asap. They do not need to wait six weeks to apply (as with domestic surrogacy births) in order to commence the application asap so that the child can return home to England or Wales as soon as possible.