When the child is born, under English and Welsh law the surrogate will automatically be the legal mother of the child. If the surrogate is married or in a civil partnership, then their partner will be the other parent of the child initially.
The intended parents will need to apply for a parental order within six months of the child being born, in order to become the legal parents of the child. Married or civil partnership couples are able to apply for a parental order. For single parents the law is a little more complex.
It can take several months for a parental order to be granted and the intended parents must meet the various criteria which include:
Being biologically related to the child (and if a couple, a least one must be child’s biological parent)
Have the child living with you
Reside permanently in England or Wales.
When the parental order has been granted by the court, the child’s birth certificate will be re-issued with the intended parents recorded as the legal parents.