Change in Surrogacy Law

Recent changes in surrogacy law, allowing a single person to apply for a parental order, represent a significant step towards ensuring equality and inclusivity. Previously, the law restricted applications for parental orders to couples, whether they were married, in a civil partnership, or cohabiting in a long-term relationship. This exclusion created a barrier for single individuals, who, despite being able to engage in surrogacy arrangements, were unable to gain legal parenthood through a parental order.

A parental order is a crucial legal mechanism that transfers full parental rights from the surrogate to the intended parent or parents, treating them as if they were the child’s biological parents. Without it, intended parents face significant legal complications in establishing parental responsibility, including issues around custody, inheritance, and the general legal recognition of the parent-child relationship.

The 2015 court decision, which found the exclusion of single applicants incompatible with the European Convention on Human Rights, was a key turning point. The judgment recognised that the inability of single individuals to apply for parental orders was discriminatory and violated the right to family life. This legal precedent laid the groundwork for the recent reforms, aligning the law with contemporary views on family diversity.

Naomi Angell, Head of Osbornes’ Adoption, Surrogacy and Fertility Law Team, highlights the importance of this change, noting that it corrects a long-standing and “inexplicable anomaly.” The revision ensures that individuals who wish to become parents through surrogacy, regardless of their relationship status, have access to the same legal protections and rights.

This legal update is particularly significant for single people who pursue surrogacy, providing them with the opportunity to secure their parental rights through the courts, thus removing legal uncertainties and supporting diverse family formations.

To learn more about these changes or seek legal advice on surrogacy, adoption, or fertility law, contact Naomi Angell or a member of her team

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