Surrogacy reform: single applicants can now apply for a parental order
3rd January 2019
Today sees a significant change in the law affecting surrogacy in the UK. For the first time, single applicants can now apply to the UK courts for a Parental Order recognising them as parent of their child. Until now, applications for Parental Orders could only be made by two persons in an enduring family relationship, meaning single people had to rely on less satisfactory options to establish their parenthood, such as adoption.
The change to the law was necessitated by a successful challenge under Human Rights law and has been made by way of a Remedial Order, a special type of legislation available when the courts declare existing law incompatible with Human Rights.
As well as meaning that henceforth any single person having a child through a surrogacy arrangement, whether in the UK or abroad, will have the same right to apply for a Parental Order as a couple would, the Remedial Order also opens a six month “window” for any single person who already has a child following surrogacy to apply retrospectively for a Parental Order. It is expected that there will be a “spike” in applications as people take advantage of this opportunity to obtain the legal recognition for them and their child which was previously denied to them.
This change affects one small aspect of the law on surrogacy which required urgent reform. The whole area is currently the subject of review in a joint project by the Scottish Law Commission and the Law Commission of England and Wales with a consultation paper expected in the Spring.
SKO have unrivalled experience of surrogacy law in Scotland. If you would like to talk to us please contact Robert Gilmour.
