Can I apply for a parental order if I am a single applicant?
1st December 2017
The UK government has finally taken steps to bring before parliament a Remedial Order which will change the law on surrogacy throughout the UK so that, for the first time, applications for a parental order can be made by a single applicant, rather than requiring to be made by a couple.
The change has been necessitated by a decision of the High Court in England and Wales that the current UK wide law discriminated unfairly against single persons and their children and was therefore incompatible with the European Convention on Human Rights.
Importantly, it has now been confirmed that the remedial Order will include a six month ‘window’ for an existing single parent through surrogacy to retrospectively apply for a parental order.
It is likely to be several months before the Remedial Order completes its progress through parliament and the law is amended.
SKO’s experience in advising on surrogacy related issues in Scotland is unrivalled. If you are contemplating surrogacy, or have any questions about how the change in the law could affect you or your family, please contact Robert Gilmour or Rachael Kelsey.
