This is not correct. In order to obtain parental responsibility, intended parents are required to apply to court for a parental order once the child is born. This process cannot start until at least 6 weeks after the child is born and it can take many months to complete.
Understandably, new parents are frustrated by this requirement, which often occurs at the same time as welcoming the new baby into their family.
On 29 March 2023, the Law Commission published a long awaited report recommending a number of changes to the current legislation including allowing intended parents in domestic surrogacy to automatically be recognised as the legal parents from the child’s birth.
It is hoped that these proposed changes will better support intended parents and surrogates as well as reflecting the changes in society.
The government will now review and consider the Law Commission’s recommendations in details before deciding whether to implement into law.
The full recommendations and report can be found on the Law Commission website: Surrogacy – Law Commission