What the Court Is Really Looking for in a Parentage Order

For many intended parents, the legal process at the end of a surrogacy journey can feel like the most uncertain part. 

There is a sense that everything has led to this point. The child has been born. The arrangement has worked in practice. And yet, legal parentage still needs to be formalised through the Court. 

It is not uncommon for people to feel unsure about what the Court will actually be looking for. 

In reality, the Court is not there to re-examine every detail of your journey.  Its role is more focused than that. 

The purpose of the parentage order

A parentage order is the legal mechanism that transfers parentage from the birth mother (and her partner, if she has one) to the intended parents.

At birth, the law recognises the birth mother as the child’s legal parent.

The parentage order changes that.

It allows the intended parents to become the child’s legal parents, with all the rights and responsibilities that come with that. The Court’s role is to ensure that this transfer is appropriate, and that the process leading up to it has been properly followed.

The focus is on process, not perfection

One of the most important things to understand is that the Court is not expecting a “perfect” surrogacy journey. It is not looking for a process where everything has gone exactly to plan.

What it is looking for is whether the arrangement has been entered into and carried out in accordance with the legal framework.

This includes consideration of whether:

• the arrangement was made before conception 
• all parties received independent legal advice
• counselling requirements were met
• the agreement reflects a genuine understanding between the parties
• the necessary consents are in place

These are not abstract requirements. They are indicators that the process has been approached thoughtfully and properly.

The best interests of the child

At the centre of the Court’s consideration is the child. The question is not simply whether the adults involved are satisfied with the arrangement. It is whether making the parentage order is in the best interests of the child.

This includes consideration of:

• the care arrangements for the child
• the stability of those arrangements
• the relationships between the parties
• the understanding and intentions of those involved

The Court is looking for reassurance that the outcome reflects what has already been happening in practice.

The importance of genuine consent

Another key aspect is consent.

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

This consent is not a formality.

It reflects that:

• the arrangement has been entered into voluntarily
• the parties understand the effect of the order
• there is no pressure or uncertainty influencing the decision

Clear, informed consent is central to the process.

Evidence of a considered arrangement

The materials filed with the Court provide a picture of how the surrogacy arrangement has been approached.

This typically includes:

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

Taken together, these documents tell the story of the arrangement. They demonstrate that:

• the process was planned in advance
• the required steps were followed  
• the parties understood what they were entering into  

The Court is not looking for a particular “style” of arrangement.

It is looking for evidence that the process has been genuine and considered.

Why preparation at the beginning matters

What becomes clear at this stage is that the Court process is not something that can be “fixed” at the end. It reflects what has happened earlier.

If the required steps have been followed properly from the beginning, the parentage order process tends to be straightforward.

If there are gaps missing advice, unclear agreements, or steps that were not completed, the process can become more complex.

This is why the early stages of surrogacy are so important. They set the foundation for what the Court will later consider.

A practical perspective

While the Court process can feel formal, it is not designed to be adversarial.

It is an application-based process, focused on ensuring that the legal requirements have been met and that the outcome is appropriate.

For most intended parents who have followed the process properly, the parentage order is the final step in formalising what has already been established in practice.

Understanding that can take some of the uncertainty out of this stage.

Final thoughts

The Court is not looking for perfection.

It is looking for a process that has been approached:

• thoughtfully  
• properly  
• and with an understanding of what is required  

When that is in place, the parentage order becomes what it is intended to be: A formal recognition of an arrangement that has already been carried out in a considered and appropriate way.