Advice Centre
Important changes for single applicants and surrogacy
Before 3rd January in order to obtain a Parental Order for your child born through surrogacy, there needed to be two applicants (two intended parents).
Finally this has changed and the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (the “Remedial Order”) now permits single applicants. In the interim this left many without necessary legal recourse and their genetic links could not be legally acknowledged by way of a Parental Order.
This change means that you can apply for a Parental Order, as a single applicant, as long as you have a genetic link to your child. Your relationship is not key here. This is a welcome relief for single parents who have had children though surrogacy.
What is a parental order?
A court order that makes the intended parent(s) the lega parent(s) of the child and transfers parenthood from the surrogate and her spouse.
If you need help in this area of law, it is important to seek advice from an experienced family lawyer. Contact us on 0330 107 0107 to speak to one of our experts today. Even though intended parents have to apply for a parental order within six months of the birth of their child, the order above allows you to apply retrospectively but you have to do so now by 2 July 2019.
This is for general information purposes only and does not constitute legal or professional advice. Please note that the law may have changed since the date this post was published.
