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Important amendment to the Human Fertilisation and Embryology Act 2008 for single biological parents

The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 came into force on 3 January 2019.  This now allows single biological parents who embark on the journey of surrogacy to apply for a parental order; the making of which has the transformative effect of making that person the legal parent of their child.

Prior to this statute did not permit a single applicant, despite being biologically linked to their child, to be recognised in law as the legal parent of their child following the surrogacy process.

The groundbreaking case of Z (A Child) (No 2) [2016] EWHC 1191 (Fam) paved the way for this progressive and much needed change in legislation.  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 the point and the former President of the Family Division, Sir James Munby, declared that the law was indeed discriminatory  on 16 May 2016.

The Joint Committee on Human Rights therefore prepared a draft remedial order, which was finally 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.

We are experts in this area of the law, having been involved in many reported cases, and look forward to helping single biological parents achieve legal parenthood for their child(ren).

Please contact us on 01223 443333 and ask to speak to one of our partners: Jeremy, Gail, Sue, Adam, Tricia and Simon.