January 21, 2019

UK Surrogacy law change for single parents

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Earlier this month, the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 passed, allowing single parents of children born through surrogacy to apply for parental orders to become their child’s legal parent.

The law embraces single males and single females obtaining parental orders for children born through surrogacy, including those who have frozen embryos created with a deceased partner. In all cases, the resulting child must have the gametes of the single parent.

Single parents with children born through surrogacy can also obtain parental orders retrospectively, but only for a 6 month window, ending on 2nd July 2019.

Natalie Gamble Associates, who challenged the previous law on surrogacy, prompting the change, said:

“At both NGA Law and Brilliant Beginnings we continued to help single parents through surrogacy as we have always done. The lack of availability of parental orders hasn’t stopped single mums and dads having children through surrogacy. It has, however, made things harder and restricted the legal recognition of their families. All but two of the single parents we have worked with have had to go overseas to find a surrogate and almost all have then lived under the radar, without parental responsibility and with their surrogate remaining their child’s legal mother in the U.K., hoping that no one would ever question their authority to parent. We have shared their frustration about how unfair and discriminatory the law was”

Read NGA’s full blog post here.