WHAT IS FORM C51 USED FOR?

Before we discuss form C51 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:
   • The birth mother is the woman who is the surrogate and carries the baby.
   • 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.
   • 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 C51 is the form used by an individual or couple (the intended parents) 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 GESTATIONAL OR TRADITIONAL SURROGACY

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

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. 

Notes –

1. You will need to attach the baby’s birth certificate when you submit your application form C51 to the family court.

2. You must complete a separate form C51 for each baby. If twins were born you will have to apply separately for each baby.

3. You must send form C51 to the court within 6 months of the baby being born.

4. You can make this application jointly with your partner so both of you get parental responsibility for the child or just by yourself as an ‘only applicant’.

5. The agreement/consent of the birth parents is required before this 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 sign this agreement/consent after the baby is 6 weeks old. The form used for this agreement/consent is form A101A. When the surrogate birth parent(s) sign form A101A they are giving up the right to the baby so a parental order can be made in favour of the adoptive parents.

LINK TO OUR L.I.P HELP GUIDE FOR FORM A101A 

Form C51 can be accompanied by a completed form A101A.

6. As soon as the court receives the intended parents 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.  

7. If at any point the surrogate mother/parents change their mind about the baby, they must inform the court immediately.

8. 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. 

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 C52

LINK TO OUR L.I.P 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 C51?

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

There are notes of page 10 of form C51 which can provide guidance.

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 GESTATIONAL CHILD SURROGACY

WHAT IS THE FEE TO SEND FORM C51 TO THE COURT AND HOW TO PAY FOR IT?

There is a fee to submit form C51 to the court. It is £232.00

Please click on the link below to government guide EX50 page 15 for family court fees.

LINK TO GOVERNMENT GUIDE EX50 FOR FAMILY COURT FEES

• Please attach a cheque or postal order made payable to HM Courts & Tribunal Service.
• If you are on certain benefits or on a low income, you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form C51 for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to forward to the court or write in the box on the top left hand corner of form C51

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance notes) 

HOW TO COMPLETE FORM C51 AND WHERE TO SEND IT

• NOTE 1 – If you are completing and sending form C51 into the court then you are known as the petitioner or applicant. Everyone else who needs to be notified such as the birth parents are known as the respondent. These are individuals with parental responsibility and anyone involved or affected by this application including the local authority. 
• NOTE 2 – You can complete form C51 online, then print a hard copy and sign and date it. Alternatively you can download it, print it and then complete it by black pen; 
• NOTE  3 – If you find there is not enough space to complete your answers on your form C51 then please use additional sheets of paper to continue and attach them to your supplementary form. Please write your name, address, and question number on the top of your additional sheets of paper. 
• NOTE 4 – Please send at least 3-4 copies of form C51, any evidence and any other forms to the court. The court will distribute the copies accordingly. One copy is required for the court, one for your local authority and one for each party in the proceedings and Cafcass.
• NOTE 5 – Please keep a copy of your form C51 and any attachments for yourself outside of the ones you send to the family court.
• Form C51 is 10 pages long.
• Part 1 will ask you details about the baby/child. Please complete these details in the boxes provided:
  1. First name, 
  2. Middle name,
  3. Surname, 
  4. Date of birth, 
  5. Gender, 
  6. Address where the child was born
  7. Address where the child lives now
  8. Name of the person who has parental responsibility at present
  9. The name(s) of the child if the parental order is made
  10. The date the child has had their home continuously with the applicant
• Part 2 on page 2 will ask for your details. You may be the first applicant or the only applicant. Please write these details in the boxes provided:
  1. Your first name
  2. Middle name
  3. Surname
  4. Place of birth
  5. Date of birth
  6. Gender
  7. Occupation
  8. Are you the genetic parent of the child
  9. Are you domiciled in the UK (domicile means – this is where your permanent home is where you live or intend to come back to)
• Continuing part 2 on page 2 you will now be asked for the same details above for the second applicant (the person applying with you).
• On page 3 you will be asked the contact details of all the applicants. If you do not wish your address to be made available to the respondents then do not complete these details on your form C51. Instead write your contact details on form C8 and send it alongside form C51 to the court. You will only need to send 1 copy of form C8.

LINK TO OUR L.IP HELP GUIDE FOR FORM C8

• On page 4 you will be asked for your solicitor details if you have one.
• Part 3 will ask you details about the birth mother and birth father (if there is one) or any other birth parent (such as the second female parent – the married or civil partner of the birth mother) of the child. Please write these details in the boxes provided:
  • Full name
  • Address
• Part 4 on page 5 will ask you questions about the parental agreement. Please answer in the boxes provided.
• The first question you will be asked is whether the birth mother agrees to the parental order being made. You must tick the ‘yes’ or ‘no’ box.
• You will next be asked whether the birth father (if applicable) agrees to this parental order being made.
• You will now be asked if you will be asking the court to dispense with the agreement of the birth parent. You must tick either the ‘yes’ or the ‘no’ box. If you tick the ‘yes’ box you must write down the names of these birth parents in the box provided. 
• You will be asked the reasons why you would like the court to dispense with the birth parents agreement. You will be given 2 reasons and you must tick one. 
  • The birth parent(s) cannot be found
  • The birth parent(s) are incapable of giving agreement.
• If you are asking the court to dispense with the birth parent(s) agreement then you must write and attach a statement of facts outlining what has happened. You can write this on a separate piece of paper and attach it to your form C51. If you are keeping your contact details private from the birth parents then do not write them on the piece of paper.
• Part 5 on page 5 will ask you some general questions. The first question you will be asked is whether the child has ever been looked after by a local authority or a voluntary organisation. You must tick the ‘yes’ or ‘no’ box. If you tick the ‘yes’ box you must write down the date period during which the organisation looked after the child. You will be asked for details on this organisation. 
• You will now be asked if there are any other court proceedings pending or in progress now with regards to the child. If there is, you will be asked to write the details (the name of the court, case number). 
• You will be now asked if there have been in the past, are any court cases now pending or in progress concerning your other children in your family. You will be required to tick the ‘yes’ or ‘no’ box. If you have ticked the ‘yes’ box you will need to write the details in the box provided (the court name and case number).
• You will next be asked if there is a licensed treatment centre involved. If there is please write the details in the box provided. The next section will ask you if there are any court cases (past and present) you know of with regards to any children related to the child (full or half or step siblings) this application is concerned with. If there are, you will be asked to write details in the boxes provided and attach a copy of the court orders if there are any.
• Part 6 on page 7 will ask you details about the respondent(s). The respondents in this application are:
  • The birth mother
  • The other person who is the parent of the child but is not the applicant in this application.
  • Any person who has an order for contact with the child.
  • Any person or organisation who has parental responsibility for the child.
• You will be required to give the full name and addresses of all the respondents that need to be served a copy of your application form with all its attachments (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). The court will require you to serve copies of the relevant paperwork to the respondents yourself and then inform the court.
• Part 7 will ask you to date and sign a declaration. 
  • If this is a joint application then you will need to attach a copy of your marriage certificate or civil partnership certificate if this is applicable. 
  • You will be asked to confirm that no money has been received or given by the applicant with regards to this episode. 
  • You will also be asked to attach a copy of the child’s birth certificate. 
• Part 8 will ask you information about your needs when you are attending court. 
• You will be asked if you need an interpreter and if so which language and dialect.
• You will now be asked if you or any party attending court have a disability that requires special assistance or facilities and of so what these are. 
• Now you will be asked whether you would like the court to make special arrangements for your safety or for the safety of anyone else attending court. This can be arranging a separate waiting room or entrance or a screen.
• You must send your completed form C51 and all attachments, plus copies for each respondent and the fee to the court. Once the court has processed your application they will send you an acknowledgement form called form C52 and stamped copies of your application form. You must send a copy of form C52 and a copy of the stamped application form and all attachments to each respondent and the birth parent(s) Once you have done this you must complete form FL415 (statement of service form) and inform the court that you have served the respondents and the birth parent(s).

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

WHERE CAN YOU FIND FORM C51/DOWNLOAD THIS FORM?

Please click on the link below to access form C51 from the government website. 

LINK TO GOVERNMENT WEBSITE FOR FORM C51

WHEN WAS FORM C51 FIRST PUBLISHED AND LAST UPDATED?

Form C51 was first published by the government (HM Courts & Tribunals Service) on 01-06-2016 and it was last updated on 01-08-2018