Change in Surrogacy Law

Surrogacy Law has just been changed to enable a single person to apply for a parental order in applications for a parental order.

A parental order made in the courts in the UK is an order equivalent to an adoption order which terminates the rights of the surrogate and gives full rights as if the child is a birth child to the intended parents.

Up until now only a married couple, either straight or gay, a couple in a civil partnership or a couple cohabiting in an enduring relationship were able to apply for parental orders.  The only category of people who were not able to apply for a parental order was a single person.

An important court decision in 2015 decided that a single person not being able to apply and be granted a parental order was incompatible with the European Convention on Human Rights.  This decision led to this recent and important change in surrogacy law.

Naomi Angell, Head of Osbornes’ Adoption, Surrogacy and Fertility Law Team, says “The inability of a single person to apply and be granted a parental order was an explicable anomaly which was long overdue for change.”

To speak with Naomi or a member of her team call us on 020 7485 8811 or fill in an online enquiry form.