Successful Adoption Following an Unsuccessful Parental Order Application
Summary
We acted for clients in a complex surrogacy and adoption matter, ultimately securing the path to adoption after a parental order application was refused due to an unforeseen biological parentage issue. Our careful handling of the case ensured the child remained in the care of the intended parents, with a clear legal route to formalising their parental rights.
Background
Our clients entered into an altruistic domestic surrogacy arrangement in the UK, with the mutual understanding that one of them would be the biological parent. The child was born and registered with one of our clients named as the father on the birth certificate. From birth, the child lived exclusively with the intended parents, who met all her day-to-day needs.
The intended parents applied for a parental order in line with UK surrogacy law. However, the application was refused when a DNA test revealed that neither intended parent was biologically related to the child. This unexpected outcome caused significant distress and led to a breakdown in the relationship with the surrogate. The surrogate and her partner nonetheless confirmed that they wished the child to remain with our clients permanently.
Challenges
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Parental order refused due to the absence of a biological link, as required under UK law.
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Need to transition from a surrogacy legal framework to an adoption process.
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Requirement to work closely with the local authority to ensure an appropriate assessment and comply with statutory timescales.
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Managing a sensitive situation with a breakdown in relations between the intended parents and the surrogate.
Our Approach
We advised that the appropriate legal route was to apply for an adoption order in favour of both intended parents. We explained the steps involved:
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Local Authority Notification & Assessment – Contacting the local council to explain the unique circumstances and request an assessment, which must take place at least three months before applying to the court. The child must also have lived with the applicants for at least six months before an application can be made.
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Court Application – Following the assessment and receipt of the local authority report, we would prepare and submit the application for an adoption order to the Family Court.
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Post-Order Administration – Upon the granting of the adoption order, arranging for the General Register Office to issue an adoption certificate showing the child’s new legal parentage and name.
Throughout the process, we ensured that the legal requirements were fully understood and met, while keeping the clients informed and supported.
Outcome
With our guidance, the clients were able to move forward confidently with the adoption process, ensuring the child’s legal position and security within the family. The approach avoided further disputes and ensured compliance with all statutory requirements, paving the way for a permanent and secure legal relationship.
Key Legal Takeaways
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Parental orders require at least one intended parent to be biologically related to the child.
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Where no biological link exists, adoption may be the most appropriate route to secure legal parentage.
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Early engagement with the local authority and clear communication about the circumstances can help avoid delays in the adoption process.
Contact us today to see how our surrogacy and adoption solicitors can help you.
To discuss your planned surrogacy and legal questions, we can talk with you at our offices, over the phone or online via Web Conferencing such as Zoom or Skype. To get the expert legal advice you need, contact our surrogacy and adoption solicitors in London.