Registering a birth conceived through fertility treatment
If your baby was conceived through fertility treatment, the process for registering the birth may differ slightly depending on your circumstances.
Who is recorded as the mother?
The woman who gives birth to the child is always recorded as the mother in the birth register. This includes surrogate mothers.
Who is recorded as the father or second parent?
In most cases, the person who undertook fertility treatment with the mother will be recorded as the father or second parent. This depends on the legal relationship and consent at the time of treatment.
If the mother is married to a man:
- He will be recorded as the father, even if he is not the genetic parent, unless:
- He did not consent to the treatment, or
- He was legally separated from the mother at the time of treatment.
If the mother is in a same-sex marriage or civil partnership:
- Her spouse or civil partner can be recorded as the second parent if:
- They were married or in a civil partnership at the time of the treatment, and
- They consented to the treatment.
The presumption of legal parenthood does not automatically apply to same-sex marriages or civil partnerships unless these conditions are met.
Surrogacy arrangements
If you are the intended parent(s) in a surrogacy arrangement, you can apply to the court for a Parental Order. This allows the birth to be re-registered to show you as the legal parents.
For more information, visit the GOV.UK guidance on Parental Orders.
