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Single parents now able to apply for a parental order in the UK

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Changes to IVF Legislation

December 4, 2023

As of today, single parents who have had a child born through surrogacy are able to apply for a parental order in the UK, as the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 comes into force. This means that they will be able to be recognised as their child’s legal parent and will extinguish any rights and responsibilities their surrogate had.

This is fantastic news, both for those single parents who decided to go through surrogacy before the law change with the knowledge that they would remain in limbo in terms of their parental status until/if the law ever changed, but also for those single parents who haven’t yet been able to find a surrogate due to the legal difficulties and uncertainty, to whom the door will now be open.

For those single parents who already have a child born through surrogacy, it is important to know that there is now a six-month period in which they can apply for a parental order. This will only remain open until early July 2019, and while it may be possible to apply following this, the application will likely be more complex, and so I would encourage all those who have had a child through surrogacy in the past, whether in the UK or overseas to act now.

We are looking forward to supporting many single parents who have either already had a child through surrogacy or those who are currently planning their surrogacy journey.

If you have any questions at all, or would like to get started, please do get in touch with me at [email protected] or on 01962 850408.

Bethan advises on all aspects of family law and is a specialist in domestic and international surrogacy arrangements. Following her training in a niche fertility law firm, she has experience of fertility cases involving legal parentage and donor conception.

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