Cambridge Family Law Practice

There has been a marked increase in the number of older couples applying to become the legal parents of children born through surrogacy, according to figures recently released by Cafcass. Multiple applications for parental orders have been received from men and women in their 50s, 60s, 70s and even 80s since 2020.

A total of 43 parental order applications were made by men in their 60s in the five years to 2025, alongside 416 by men and women in their 50s. To date there have been 95 by men in their 50s in 2025, compared to just 44 in the whole of 2020.

Cafcass declined to give specific numbers for some age brackets, saying these could threaten the privacy of the individuals involved. In May 2025, the media reported on a successful application for a parental order by a couple, referred to as “Mr and Mrs K”, both aged 72, after a child was born via surrogacy in California using gametes from the man along with a donor egg. Two similar cases occurred in the preceding ten months.

Under the Human Fertilisation and Embryology Act 2008, individuals or couples who commission a surrogacy arrangement only acquire the legal status of parent in the UK when granted a parental order. The agency Cafcass is closely involved in the issuing of parental orders, working to ensure that the best interests of the children are properly considered.

There is no specific age limit for parental order applications in the UK and welfare checks are only conducted at the time of the application, not before the conception. Applications by older individuals can be considered as controversial because they come with a greater risk the children will be left orphaned. In the case of Mr and Mrs K, despite granting the order, the presiding judge noted:

“They have begun parenting at a time in their lives when, despite their current good health, it is foreseeable that their health will decline and that one or both of them will become seriously incapacitated or die before B reaches his majority.”

Helen Gibson of campaign group Surrogacy Concern, said:

“We are appalled to see parental order applications for surrogate-born babies being made by people in their sixties, seventies and eighties — there can be no justification for such a selfish act. It is even more concerning to see that these figures are rising consistently year by year.”

She continued:

“It is ludicrous that people can obtain parental orders for surrogate-born children decades after their natural childbearing years have ended. The government must strongly consider whether or not any of this is in the child’s interests. It must act urgently to empower the courts to block these parental order applications…”

Sarah Jones of support group Surrogacy UK, noted the difficulties that result from the late onset of welfare checks:

“Unfortunately, under current surrogacy law, important welfare checks only take place after the child is born, during the court process for a parental order. By that stage, the child already exists and the legal process becomes focused on remedying the situation rather than preventing poor outcomes. This is far too late.”

The Law Commission has recommended reform of current surrogacy legislation but this is not considered a priority at present by the Labour government.

Jeremy Ford, one of the partners here at Cambridge Family Law Practice observes:

“These figures are surprising. As much as any other, children born through deserve to grow up in stable and secure homes with caregivers that can fully meet their needs as they grow towards adulthood. That said, these statistics don’t tell us the individual stories of these people and how life has brought them to this point.”