WHAT IS FORM A101A USED FOR?

Before we discuss form A101A we would like to explain 2 terms we use throughout this write up.

1. SURROGATE PARENT(S) – The surrogate parent(s) are the birth parent(s) of the child. The birth parents are the following individuals:
   1. The birth mother is the woman who is the surrogate and carries the baby.
   2. The birth father is the husband or civil partner of the birth mother whether he is the genetic father of the child or not. However, if this individual has not consented to her being a surrogate then he will not be considered the birth father. For further detail please read page 10 of form C51.
   3. The second female parent is either married to the birth mother or is in a civil partnership with her. However, if this individual has not consented to her being a surrogate then she will not be considered the second female parent. For further detail please read page 10 of form C51.there is one. 
2. INTENDED PARENT(S) – The intended parent(s) is the individual or couple who intend to apply for a parental order once the child is born. The intended parents sometimes are the genetic parents of the child.

Form A101 is a consent agreement completed and signed by the surrogate parent(s) of a baby giving up the right to the baby so a parental order can be made in favour of the intended parent(s) who will adopt the baby. 

This occurs when an individual or couple has used a surrogate to carry their baby to term. Form A101A is sent to the family court alongside form C51.

Form C51 is the form used by the intended parent(s) to make an application for a parental court order giving them parental responsibility and all legal parental rights for a child they have had through surrogacy.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C51

LINK TO OUR L.I.P HELP GUIDE FOR GESTATIONAL OR TRADITIONAL SURROGACY

LINK TO OUR L.I.P HELP GUIDE FOR INTERNATIONAL GESTATIONAL CHILD SURROGACY

Notes – 

1. For the intended parent(s) to apply for a parental order once the child is born one of the intended parents must be the genetic parent of the child. 
2. You must complete a separate consent agreement A101A for each baby as well as a separate form C51. If twins were born you will have to apply separately for each baby.
3. The agreement/consent of the surrogate birth parents is required before a parental order can be made. If this agreement/consent is not available then you will need to ask the court to dispense with this agreement/consent so the parental order can be made. If the birth parents have agreed/consented to the parental order being made they must have signed this agreement/consent after the baby is 6 weeks old.
4. As soon as the court receives the intended parents court application form C1 for a parental order, the court will ask Cafcass to appoint a parental order reporter who is a Cafcass social worker experienced in dealing with surrogate cases. The Cafcass parental order reporter will explore and look into the whole surrogacy case and determine what is in the best interest of the child. They will write to the surrogate birth parent(s) and the intended parent(s) to inform them they have been appointed by the court. They will then make arrangements to visit and talk to the surrogate birth parent(s) and the intended parent(s). The Cafcass parental order reporter will write a parental order report for the court to consider before the court grants a final parental order. It is the role of the Cafcass parental order reporter to ascertain whether the surrogate freely consented to the surrogacy and now to the parental order being made.  
5. If at any point the surrogate mother/parents change their mind about the baby, they must inform the court immediately. 
6. If there is a pre-birth contract or agreement between the intended parent(s) and the surrogate parent(s) this may be considered by the court but by law this contract is not enforceable because it was made before the baby was born. 

LINK TO CAFCASS WEBSITE FOR SURROGACY

If you would like a detailed account of what is parental responsibility and who has it please click on the link below.

LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS LEGAL PARENTAL RESPONSIBILITY

A brief summary of the court process for obtaining a parental order is as follows:

1. The intended parents submit form C51 and all attachments to the family court within 6 months of the baby’s birth. The intended parents must also send copies of their C51 form to the court so the court can stamp them. There should be a copy for each respondent and the surrogate birth parent(s). The intended parent(s) will be known as the applicant(s).

2. The court will process form C51 and send the intended parents an acknowledgement form C52 and the stamped copies of their application form.

3. The intended parent(s) must complete a separate C52 acknowledgement form and send it along with a copy of the C51 application form to each respondent and the surrogate birth parent(s). Once the intended parent(s) have done this they must complete form FL415 (statement of service form) and inform the court that they have served the respondents. The words ‘to serve the other party or respondent‘ means they must receive the relevant divorce applications/court papers that require them to be informed, respond, comply with directions or attend court.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C51

LINK TO OUR L.I.P HELP GUIDE FOR FORM C52

LINK TO OUR L.I.PO HELP GUIDE FOR FORM FL415

4. Once the respondents and the birth parent(s) have received form C52 and a copy of the completed form C51 they should complete pages 2 and 3 of form C52 and return it to the court, to the applicant and anybody else who is the respondent in this case.

5. Meanwhile the court will ask Cafcass to appoint a parental order reporter (a social worker with surrogacy experience) to contact the surrogate birth parent(s), the baby and the intended parent(s) and write a parental order report for the court to consider.

6. The court will fix a court date for a hearing and send a notice of this court date to the applicant, all respondents and the surrogate birth parent(s). This hearing will be a directions hearing where:

• • All the paperwork will be checked if it is in order.
  • A Cafcass parental order report will be asked for by the court if not already.
  • Statements will be asked for from the intended parent(s) if not already received.
  • Form A101A consent will be asked for if not already received.
  • A date will be set for the final hearing. If other issues arise there may be another directions hearing set.

7. At the final hearing a decision will be made and a parental order made.

8. Once the intended parents have a parental order they can make an application for a new birth certificate.

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM A101A?

There are no government guides available at present to help you complete this form.

You can read our webpage for gestational or traditional surrogacy and international gestational child surrogacy for complete background information regarding surrogacy.

LINK TO OUR L.I.P HELP GUIDE FOR GESTATIONAL OR TRADITIONAL SURROGACY 

LINK TO OUR L.I.P HELP GUIDE FOR INTERNATIONAL GEATATIONAL CHILD SURROGACY

WHAT IS THE FEE TO SEND FORM A101A TO THE COURT AND HOW TO PAY FOR IT?

There is no fee to submit form A101A to the court. It is sent to the court alongside form C51. There is a fee to send form C51 to the court. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM C51

HOW TO COMPLETE FORM A101A AND WHERE TO SEND IT

• NOTE 1 – Form A101A is a word document. You can download it, print it and then complete it by black pen; 
• NOTE 2 – Please give your completed and signed form A101A to the intended parents, the Cafcass officer or alternatively you can send it to the court. 
• NOTE 3 – Please keep a copy of your form A101A and any attachments for yourself outside of the ones you send to the family court.
• Form A101A is 1 page long.
• Please read form A101A and sign and date where required. 
• A Cafcass officer who will be involved in your case when form C51 comes in  front of the court will need to sign your form A101A.

WHERE CAN YOU FIND FORM A101A/DOWNLOAD THIS FORM?

Please click on the link below to access form A101A from the government website. 

LINK TO GOVERNMENT WEBSITE FOR FORM A101A

WHEN WAS FORM A101A FIRST PUBLISHED AND LAST UPDATED?

Form A101A was first published by the government (HM Courts & Tribunals Service) on 01-04-2011