How to Avoid Delays in the Parentage Order Process

By the time intended parents reach the parentage order stage, there is often a sense that the process is nearly complete. The child has been born. The arrangement has worked in practice. Life has begun to take shape around a new family dynamic.

It is natural to want the legal process to move just as smoothly. In many cases, it does.

But where delays occur, they are rarely caused by the Court itself. They are usually the result of something earlier in the process not quite aligning with what is required.

The parentage order stage does not stand alone. It reflects everything that has come before it.

Understanding that is the first step in avoiding unnecessary delay.

The importance of getting the early steps right

The most common cause of delay is not something that happens after birth. It is something that has been missed, rushed, or not fully addressed before conception.

The Court requires clear evidence that:

• the surrogacy arrangement was entered into before conception
• all parties received independent legal advice
• counselling requirements were met
• the arrangement reflects a genuine understanding between the parties

If any of these elements are unclear or incomplete, additional information may be required. This can extend the timeframe and create avoidable complications.

What this highlights is that the parentage order process is, in many ways, a reflection of the preparation phase.

Timing matters

There are specific timeframes that apply to parentage order applications.

The application must be made:

• at least 28 days after the child is born
• within 6 months of the child’s birth

These timeframes are not flexible in the usual sense. While the Court does have discretion in some circumstances, relying on that discretion can introduce uncertainty.

Being aware of these timeframes early, and planning for them, helps ensure the application is made within the required period.

Ensuring documents are complete and consistent

The application to the Court is supported by a number of documents. These include: 

• affidavits from the parties
• the surrogacy agreement
• counselling reports
• evidence of legal advice

What the Court is looking for is not volume, but clarity. The documents should present a consistent and coherent picture of the arrangement.

Where there are gaps, inconsistencies, or missing information, the Court may request further material. This can slow the process and create additional work for everyone involved.

Careful preparation at this stage makes a significant difference.

The role of the surrogacy guidance report

One of the key documents required after birth is the surrogacy guidance report.

This is prepared by an independent counsellor and addresses:

• the circumstances of the arrangement
• the understanding of each party
• the proposed care arrangements for the child

Delays can arise where:

• the report is not arranged promptly
• there is uncertainty about who will prepare it
• the content does not clearly address what the Court requires

Organising this early, and ensuring it is prepared by an appropriately qualified counsellor, helps avoid unnecessary delay.

Clear and informed consent

The Court must be satisfied that all parties, particularly the birth mother and her partner, freely consent to the making of the parentage order.

This consent must be informed, voluntary and clearly documented. If there is any uncertainty around consent, or if it is not properly recorded, the Court may require further clarification.

This is another area where early preparation and clear communication make the process more straightforward.

Avoiding the “last-minute” approach

It is not uncommon for people to focus on the parentage order only after the child is born.

At that point, there are already many demands, adjusting to life with a new baby, supporting recovery, and managing the practical aspects of day-to-day life. Leaving the legal process to be addressed entirely at that stage can make it feel more overwhelming than it needs to be.

A more effective approach is to have an understanding, before birth, of:

• what will be required
• what documents will need to be prepared
• what timeframes apply

This allows the process to move forward more smoothly when the time comes.

A practical perspective

In most surrogacy arrangements where the process has been followed properly, the parentage order stage is relatively straightforward.

It is not about persuading the Court.

It is about demonstrating that:

• the required steps have been taken
• the arrangement was genuine
• the outcome reflects what is in the child’s best interests

When that foundation is in place, delays are far less likely.

Final thoughts

Avoiding delay in the parentage order process is not about doing more at the end. It is about doing things well from the beginning.

Taking the time to:

• follow the process properly
• seek advice early
• prepare carefully

Means that when you reach this final stage, the legal process can do what it is intended to do, formalise what has already been established.