Registering the birth of a child through surrogacy involves specific procedures. The birth can be registered by the surrogate (birth mother) and her partner if married. This registration must occur within 42 days at a local registration office where the birth took place. If married, the husband or legal partner is automatically considered the father. This assumption is based on their legal relationship.

In cases where the surrogate's legal partner is eligible to register the birth in her absence, both partners need to go on the birth certificate. It's important to keep a document received upon the baby's delivery, as it contains details such as the baby's birth information and is required when registering the birth. Additionally, photo ID of both parents wishing to be included is necessary.

The only way for this assumption to be overruled is if there is clear evidence that the husband or legal partner did not consent to the surrogacy or they are no longer together. This evidence should ideally be documented before the insemination took place. At Wildcat law, our specialist lawyers can help you navigate through this

If the surrogate is unmarried, both the surrogate and the other intended parent must attend the registration. They can choose to have the father listed on the birth certificate or, alternatively, register the mother as the second parent. This certificate is temporary, and a new birth certificate naming both parents as legal guardians is issued once the Parental Order (PO) has been granted. The original birth certificate is then sealed until the child turns 18, similar to the process with adoptions.

For children born outside of the UK through surrogacy, obtaining a birth certificate in the country of birth is the first step. Legal advice may be necessary to ensure the child's entitlement to British citizenship and that the foreign birth certificate is accepted in the UK. At Wildcat law, our lawyers can give you immigration advice on such matters. A new birth certificate may be reissued in the UK to fulfil legal requirements.

Regarding names, you have the freedom to name your baby as you wish. While hospitals may issue an ankle band with the surrogate's surname for identification, the surname on the birth certificate can be anything you choose, whether it's one of the intended parents, a combination of both, or a unique name. This name can be changed to the one you wish to keep permanently once the Parental Order is granted. At Wildcat law, we can help you with changing your baby's name should you wish to.