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.
Surrogacy as a way of having a family is often talked about more openly in the US than in the UK. As a consequence, people’s knowledge and understanding of the process differ greatly. In some US States, such as California, surrogacy is a mature industry in which surrogacy arrangements are well regulated and contracts (where a surrogate agrees to carry a child for intended parents for payment) are enforceable. However, documents or agreements which purport to be a surrogacy contract are not enforceable in the UK.