This House of Commons Library briefing paper considers surrogacy and parental orders, in particular the revised position for single people who previously had been unable to obtain such an order. A link to the full report in pdf format can be found at the bottom of this page.Jump to full report >>
When a child is born to a surrogate mother, a parental order transfers both legal parenthood and “parental responsibility” from the surrogate mother (and her husband, if applicable) to the commissioning parents.
Previously, section 54 of the Human Fertilisation and Embryology Act 2008 only allowed (prescribed) couples to apply for a parental order – not a single person. The Government explained that, at the time, adoption was considered a more appropriate route for single people. The position has now changed following an amendment to the 2008 Act which allows single people to apply for a parental order.
The following is a timeline of key developments:
The Law Commission of England and Wales and the Scottish Law Commission have commenced a project to examine the law on surrogacy; a consultation paper is expected to be published as part of their work.
This note applies to United Kingdom.
Commons Briefing papers CBP-8076
Author: Tim Jarrett