It is very rare for genuine surrogacy arrangements to break down and for a surrogate to try and keep the baby. A surrogate (and if she has a spouse/civil partner) must provide their consent to a parental order being made six weeks after the child is born. If the surrogate and her spouse/partner refuse to provide their consent, then currently the court cannot make a parental order. This does not stop the court making other orders about the child such as who the child should live with and who is able to exercise parental responsibility for that child (including on an urgent basis if a surrogate refuses to hand over the baby).