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UK Law – parental orders
• To be able to become a legal parent following surrogacy, you must obtain a (post-birth) parental order
• Criteria set in S54 HFE Act 2008
• An application made by two people... at least one of whom must have provided
gametes
• Married, civil partners or in ‘enduring family relationship’
• Must apply within 6 months of child’s birth
• Child must be living with applicants, who must be domiciled in UK, Channel Islands or Isle of Man
• Applicants must both be 18+
• Court must be satisfied surrogate (and her spouse/partner) gave free, informed and
unconditional consent to the order
• [Consent can be dispensed with if surrogate can’t be found or lacks capacity]; consent is invalid if given in first 6 weeks after birth
• Court must be satisfied that no money or other benefit (other than for expenses reasonably incurred) has been given or received by either of the applicants... unless authorised by the court
• Applies wherever the child was born
UK Law – Surrogacy UK working group
Surrogacy in the UK: Myth busting and reform
• Report published 20 November 2015
• http://www.kent.ac.uk/law/research/proje
cts/current/surrogacy/index.html
Why?
• To hear the voice of those involved
• T o interrogate ‘surrogacy myths’
• T o consider whether need for legal reform
• Survey responses
• Case analysis
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