Suzi Denton
Associate Solicitor
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Date Published:03 Jan 2019 Last Updated:23 Jul 2021

Surrogacy law reform for single parents

Fertility Law

As of today, 3 January 2019, single people will be able to apply for parental orders. Parental orders are the legal mechanism for securing the legal parentage of intended parents following surrogacy, and previously, only people who were married, civil
partners or in a long-term relationship were able to apply.

Following a legal case in 2016, the Court found that this was discriminatory against single people, which then triggered
Parliament to amend the law. From today, the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 has come into force, and for the first time single people are eligible to apply for parental orders.

Although single people were able to have children through surrogacy before this change, the process for securing their legal parentage was much more complex. We are thrilled with this long-awaited news, and look forward to supporting many more single parents through the parental order process in the years to come.

Our expert solicitor Suzi Denton spoke about these changes on Breakfast in Dorset on BBC Radio Solent today. To listen click on the link here ( from 1hr 24min).

If you are planning a surrogacy journey or would like any advice on anything to do with fertility law, please contact our highly specialist Family Team who will be able to assist. Call our expert team on 01202 525333 or send us an email enquiry to family@ellisjones.co.uk.