Immigration DNA Test for International Surrogacy in the UK
- Greenplace Healthcare
- Jul 17, 2025
- 5 min read
Updated: Aug 1, 2025
Surrogacy offers hope to many individuals and couples who want to start or grow a family. But for children born through surrogacy abroad, becoming a legal parent under UK law isn’t automatic. Intended parents must apply for a Parental Order after birth — and crucially, they may need a DNA test to prove their biological connection to the child.
Many intended parents are caught off guard by this requirement, causing avoidable delays in bringing their child home or finalising legal parenthood.
In this blog, we’ll explain:
Why DNA testing is essential
The current UK law around legal parenthood
How to apply for a Parental Order
How our court-approved DNA testing services support intended parents
👩⚖️ Who Is the Legal Parent at Birth After Surrogacy?
Under current UK law, the woman who gives birth is the child’s legal mother — even if she has no genetic connection to the child. If the surrogate is married, her husband is legally recognised as the father, unless proven otherwise.
“Upon the birth of a child born to surrogacy, the surrogate shall be the child’s legal mother, even if there is no genetic link between the surrogate and the child. If the surrogate is married to a man, her husband shall be the child’s legal father.”
For many intended parents and surrogates, this legal arrangement is far from ideal and does not reflect their intentions. That’s why UK law provides a path to legal parenthood via the Parental Order process.
⚖️ The Law Commission’s Recommendation for Change
The Law Commission recently published a report titled Building Families through Surrogacy: A New Law, proposing reforms that would allow intended parents to be recognised as the legal parents from birth, provided certain safeguards are met. However, until the law is updated, intended parents must continue to follow the current legal process under the Human Fertilisation and Embryology Act 2008 (HFEA) — including DNA testing where required.
🧬 Why DNA Testing Is Often Required for a Parental Order
To apply for a Parental Order, at least one intended parent must be genetically related to the child. When the child is born abroad, local documents (e.g. foreign birth certificates) often don’t reflect this — or only name the surrogate.
That’s why UK courts frequently request a court-approved DNA test to confirm the biological relationship between the child and the intended parent.
A DNA test may be required if:
Your child was born through international surrogacy
The surrogate is listed as the legal parent on the birth certificate
You’re applying for a UK passport, citizenship, or visa for your baby
You need to prove a genetic link for your Parental Order application
✅ Our DNA Testing Services for Parental Orders
We specialise in providing court-approved DNA testing for intended parents applying for a Parental Order in the UK.
Why choose our service:
Home office approved lab
Accepted by UK Family Courts
Worldwide sample collection
Fast turnaround: results in 1-2working days
Legal format with certified reporting
Confidential & GDPR-compliant
Need to ship a test to a surrogate or clinic overseas? We do this regularly and can help coordinate the process with local professionals.
📝 Applying for a Parental Order: Legal Framework & Process
Under section 54 of the Human Fertilisation and Embryology Act 2008, intended parents must apply for a Parental Order to transfer legal parenthood and parental responsibility from the surrogate (and her spouse) to themselves.
⚖️ Eligibility Criteria for a Parental Order:
To be granted a Parental Order, the following conditions must be met:
The child was carried by a woman who is not one of the applicants, via assisted conception.
The child must be genetically related to at least one applicant.
The applicants must be married, civil partners, or in an enduring relationship (or apply individually under section 54A HFEA).
The child’s home must be with the applicants at the time of the application.
The applicants must be over 18 years old.
At least one applicant must be domiciled in the UK, Channel Islands, or Isle of Man.
The surrogate (and her husband, if applicable) must give free and informed written consent witnessed by the Parental Order Reporter.
No payments (other than reasonable expenses) must have been made unless authorised by the court.
No previous Parental Order must have been made for the same child unless it was quashed or appealed.
A DNA test or similar evidence may be required to confirm the child’s identity and biological link.
“The applicants will have to provide certified copies of the Register of Live Births and prove the child’s identity, which can include DNA test results.”
🔁 Parental Order Application Process
Wait six weeks after the child’s birth (a surrogate cannot consent before this).
Apply within six months of birth (some exceptions have been granted).
Submit Form C51 and all supporting documents (birth certificate, DNA results, etc.) to the Family Court.
The court will appoint CAFCASS to provide a Parental Order Reporter, who will assess the application.
Attend a First Directions Hearing, followed by a Final Hearing.
Upon approval, the Parental Order is granted — giving the intended parents full legal parenthood.
A new birth certificate will be issued showing the intended parents as the child’s legal parents.
🛡️ Why DNA Testing Early Helps Avoid Delays
Many intended parents only learn about the DNA test requirement when applying for a UK passport or parental order — leading to delays, legal stress, or postponed hearings.
Plan ahead and arrange your DNA test:
Before or immediately after birth
With a lab that offers UK court-admissible results
In time to apply for travel documents or court hearings
👪 The Final Step in Your Surrogacy Journey
The Parental Order is more than a formality — it’s the legal recognition of your parenthood in the UK. While you may have felt like parents from the very start, the order ensures that your rights (and your child’s rights) are fully protected under UK law.
“The Parental Order is, therefore, an important final step in the intended parents’ surrogacy journey to secure their legal parentage, even if they feel that their parentage started long before.”
With proposed reforms from the Law Commission under discussion, future surrogacy arrangements may grant legal parenthood from birth. Until then, DNA testing remains a vital step for confirming your biological connection and securing your legal role as your child’s parent.
📞 Need a DNA Test for a Parental Order? We Can Help
We provide fully compliant, fast-turnaround DNA testing for UK surrogacy and parental orders. Whether you're preparing in advance or trying to catch up post-birth, we’re here to guide you through the process with care and clarity.
Get in touch with us today:
📱 +442081500059
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