In January, we blogged about the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (the “Remedial Order”), which came into force then and permitted single applicants to apply for a parental order for the first time in the UK. As with the original Human Fertilisation and Embryology Act 2008, the Remedial Order provides that intended parents will have six months from the birth of their surrogate child in which to make their application for a parental order. In this blog, Connie Atkinson looks at what single applicants have to do by 2 July 2019.
As the world woke groggily from their festive slumber and thought tentatively about returning to work on Thursday 3rd January, an important and transformative step was being taken as the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (the “Remedial Order”) was finally brought into force permitting single applicants to apply for Parental Orders in respect of their biological children born through surrogacy.
Our first ‘pressing pause on parenthood’ blog discussed the reported increase in women looking at preserving their fertility using methods such as egg freezing. As part of our blog series looking at fertility and alternative ways of conceiving, we highlight below some further key issues which we encourage prospective parents to discuss with their clinic and families before making hugely important decisions about having a family.
Since May 2016, prospective single applicants for Parental Orders for surrogate children have waited with bated breath for the change in the law that permits them to make their applications, independent of their relationship status. At the end of last year, it was announced that a remedial order to the Human Fertilisation and Embryology Act 2008 (HFEA) had been placed before Parliament. However, five months have now passed and the question remains whether we are any closer to change.
In a case involving a Parental Order (“PO”) application earlier this year, X (A Child)  EWFC 15, which involved the surrogate child of a married couple in a platonic relationship, the President of the Family Division, Sir James Munby, again showed the flexibility the court is, sensibly, willing to give when making important decisions about the legal status of a child within its family.