Applying for a Parental Order in Scotland

Applying for a Parental Order in Scotland can be a little different. Whereas in England you can complete the parental order paperwork yourself without a solicitor, in Scotland you may be required to instruct a solicitor to act on your behalf. This may cost up to £3,000 to do this.

However some of our Intended Parent(s) in Scotland have successfully applied for a parental order themselves without needing to instruct a solicitor. Here’s how they did it.

Complete the following document: Parental Order Form Scotland

Upon completing this form you should send it to the local Sherrif Court – you can find your local court here, with a covering letter giving your contact details and your reasons for making the application, and state that you are representing yourselves. You should also include the following documents:

  • Child’s birth certificate
  • IP birth certificates
  • IP marriage certificate if applicable
  • Surrogacy UK agreement form
  • Copies of your HFEA consent documents (completed at your chosen Fertility Clinic)

At this point the Sherrif court may or may not offer to correspond with your surrogate.

Your surrogate will need to complete Surrogate Consent Form Scotland in the presence of a solicitor.

The court will appoint a Curator Ad Litem to visit both you and your surrogate, and make a report to the court that you are eligible to obtain a parental order. In some areas your local authority will pay for the costs of the Curator, in others you may be liable to pay around £2000 yourselves.

You will then be given a hearing date, which you are not required to attend, however it is highly recommended that you do. At this hearing date your parental order will be granted.

For more information please see Guidance on applying for parental order in Scotland.