Earlier this month, after some time, the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 came into effect, allowing single parents who conceive a biological child through surrogacy the right to be recognised as the sole parent. Previously, only couples were eligible to apply to transfer parental rights.
Exploring the impact of the legislative update, Simon Walker, Associate – Family team at Mogers Drewett commented, “This significant step-change in law means that you no longer have to be married or in a civil partnership to have a family of your own via a surrogate in the eyes of the law. Surrogacy law is now catching up with the modern family structure to be inclusive and accepting of single parent life choices.”
The legislative update follows the case of Re Z in which a single man challenged the law having conceived a child through surrogacy. Although he was not legally eligible to do so, he applied for a parental order. This led to a decision that not allowing single parents to apply for a parental order was incompatible with the Human Rights Act.
Although the legislative update was introduced on January 3 2019, for single parents who have conceived through surrogacy before 2019 there is a six month period (until 2 July 2019) to apply for parental status to be re-assigned.
At Mogers Drewett we provide sensitive and supportive advice on acquiring parental rights and parental orders, surrogacy legal planning, international surrogacy and surrogacy disputes.
For more information or to discuss your situation with our Family Law experts please call 01935 813691.