Single Surrogate Parents now able to apply for Parental Order

Listed Under: News

Single parents who have had a child born through surrogacy are now able to apply for a Parental Order in the UK, as the Human Fertilization and Embryology Act 2008 (Remedial) Order 2018 came into force on 3rd January 2019.

This now allows single biological parents who embark on surrogacy to apply for a parental order, making that person the legal parent of their child. Prior to this statute, the law did not permit a single applicant, despite them being biologically linked to their child, to be recognised in law as the legal parent of their child following the surrogacy process.

In a recent ground-breaking case, the applicant, a single man, with a son born through surrogacy, applied to the court seeking a declaration that the law was discriminatory to single parents.  The lawyers for the government conceded that the law was indeed discriminatory, and The Joint Committee on Human Rights therefore prepared a draft remedial order, which was approved and came into force on 3 January 2019.

It is important that any single parents with children born through a surrogacy arrangement apply for a parental order before 2 July 2019.


For more information and expert help, contact our experienced family lawyers at JW Hughes & Co today on Llandudno 874774 and Conwy 596596