The consent of the surrogate mother (and her husband/civil partner if applicable) is central to the parental order being granted. In Scotland, that consent must be committed to prescribed forms. The consent of the surrogate mother is ineffective if given by her less than six weeks after the child’s birth. Although any previous notices of consent will be considered by the court, they are likely to limit the weight they attach to that consent. In effect, the surrogate mother can change her mind about giving consent to the handing over of the child at any point. A surrogacy agreement is unenforceable if the surrogate mother does indeed change her mind. The intended parents are therefore in a precarious position throughout the process until it is complete. If the surrogate withheld her consent, a court action could still be raised by the intended parents and the court would determine the matter with consideration for the welfare of the child being the paramount consideration.