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November 19, 2018 By Beverley Addison

New Surrogacy Regulations for Parental Orders Laid Before Parliament

Years of campaigning, a High Court case and a snap General election later and we finally have sight of the surrogacy reforms being laid before parliament.

Man with childThe Human Fertilisation and Embryology (Parental Orders) Regulations 2018 were laid before Parliament on Thursday and will now progress through Parliament for further scrutiny.

The purpose of the new legislation is to set out the legal framework for Parental Orders and to ensure that the law is compatible with the European Convention of Human Rights, specifically to no longer discriminate against single applicants, following the case of Re Z when it was held that the current law was incompatible with the Convention.

The Act is being amended to allow for one applicant to apply for a parental order

Parental Orders are the legal process under which children born through surrogacy have their parenthood assigned to their intended parents. Parental orders are currently made under the Human Fertilisation and Embryology Act 2008. The Act is being amended to allow for one applicant to apply for a parental order, and in order for that to happen in practice, a new set of regulations are required to bring it into force.

That is where this new piece of legislation comes in.

The legislation is not intended to make any change to how a parental order operates and the effect of a parental order, as provided for by the 2010 regulations, remains unchanged. This provides a framework for the successful transfer of legal parenthood from the surrogate to the intended parent or parents.

In terms of the law in Scotland, reference should be made to Schedule 2 of the Regulations which applies here. This sets out the provisions of the Adoption and Children (Scotland) Act 2007 which are to be applied as modified, the full terms of which can be read here (http://www.legislation.gov.uk/ukdsi/2018/9780111174715/contents).

Surrogacy is a different process and requires to be considered differently

Aside from bringing the law into line to allow for single parents to obtain parental orders, there are no major changes being brought in through this legislation. The government has acknowledged in its explanatory notes that many organisations (BTO included) are opposed to adoption law being used as the basis for parental orders, being that surrogacy is a different process and requires to be considered differently. That is, of course, an issue being considered by the Law Commission and the Scottish Law Commission’s joint review of surrogacy law more generally.

This means that it is likely that these regulations may be further revised in the near future.

A baby step in the right direction

In the meantime this is a baby step in the right direction, meaning that (once approved through Parliament), single parents will no longer be discriminated against when applying for a Parental Order for children born through surrogacy. Importantly, there are plans to allow the legislation to be applied retrospectively, and single parents who previously would have been unable to apply for a Parental Order will now be able to do so for a period of 6 months after the law is changed. We will keep you up to date about when that happens.

If you are currently on your surrogacy journey or are thinking about embarking on the process, we can provide specialist legal advice every step of the way. Click here to get in touch.

More to Read

Child Contact - What's best for your child?Surrogacy Law Now Changed to Allow Applications from Single Parents – and it applies retrospectively for 6 months Surrogacy Reform Announced by the Law Commission surrogacySurrogacy – “a cautionary tale” Surrogacy law for female same-sex parentsParental issues for female same sex couples

Filed Under: Children and Family, Surrogacy Tagged With: parental orders, single parent, single parent surrogacy, Surrogacy

Beverley Addison

Beverley Addison

Beverley is a Solicitor within our Family Law team. She is experienced in dealing with all aspects of family law including financial provision on separation and divorce, cohabitation and cases relating to children. Read Beverley's professional biography.

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I was having a horrendous time with a legal firm that I was using for my separation/divorce, so I decided to change my lawyer and used BTO. I was put in touch with Denise Laverty and as my case proceeded it turned out a very wise decision. Denise was professional, diligent and knowledgeable, and my… Read more “Denise was professional, diligent and knowledgeable”

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Marjory, I think we can all honestly say that we would not have managed this without you, truly you have been an absolute star and we are all very thankful.

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Looking back I wish my ex-wife and I would have gone down the collaborative divorce path but as you know she chose a very different way which ended up being most certainly a longer, more stressful and more expensive path for both of us. Should I ever hear of anyone whose marriage has reached that… Read more “I won’t hesitate to put them in touch with you”

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I certainly feel like a weight has been lifted off my shoulders

Marjory, I just wanted to say thanks very much for your help right throughout the case. Lately, the ad hoc support has been invaluable and given me the confidence to keep representing myself and not feel pushed into agreeing something I’m not comfortable with. I appreciate how difficult it must be to provide support when… Read more “I certainly feel like a weight has been lifted off my shoulders”

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Very approachable manner

Many thanks Marjory for your very approachable manner during our meetings.

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It turns out it was one of the best decisions I ever made

Many thanks again Denise for all your help!! The boys are “living the dream!” When you make the difficult decision to relocate abroad which will considerably enhance the life of your children even when it means they will leave one parent behind, it can be met with understandable resistance from the other parent. Thankfully, I… Read more “It turns out it was one of the best decisions I ever made”

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My recent collaborative process

Dear Marjory, I just wanted to say a huge thanks for all your help, advice and counsel throughout my recent collaborative process. You definitely made a difficult process easier for me. Thank you.

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Guiding me through a difficult time

Lesley, I would like to take this opportunity to thank you for your professionalism. Guiding me through a difficult time, also your understanding and empathy as to my personal situation. I would not hesitate in recommending your services to others.

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Approachable and sensitive manner

Marjory, thank you very much for your very approachable and sensitive manner during our meetings.

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I left the offices empowered and liberated

Just wanted to say huge thank you to Lesley Gordon. I left the offices empowered and liberated. Not sure any psychologist would have done a better job! On top of her real job.

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I will definitely recommend you…

Hi Marjory, thanks again for being an absolute joy to work with during this unknown and nerve-wracking process. You made me feel calm and reassured throughout (not an easy task). I will definitely recommend you to anyone else looking for representation.

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Excellent communications and support

Many thanks for your recent work related to my divorce…..I would particularly like to thank Amanda Richardson for her excellent communications and support.

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I would have no hesitation recommending Lesley Gordon to anyone I know who needs the services of a divorce lawyer. It was a very positive experience all things considered and I have come out of the process a much stronger person thanks to Lesley.

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I came out of your offices feeling great!

Marjory, thank you for a really positive meeting on Friday. I feel things are a lot clearer in my head – I came out of your offices feeling great!

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I am so grateful that I found you

Genius legal support!…Denise you are nothing short of an amazing lawyer and I am so grateful that I found you. The impact you have had on my life has been incredible. I cannot thank you enough…. A gargantuan thank you.

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Things have been finalised in about twelve weeks

Amanda, many thanks for seeing all this through for me. I cannot believe that after the best part of two and a half years of frustration (pre BTO), things have been finalised in about twelve weeks.

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Our anxieties were greatly alleviated

Lesley, thank you so much for all your help. It turned out to be a very uncomplicated matter in the end and probably not the most interesting for you. However our anxieties were greatly alleviated with your advice and work

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Incredibly supportive and sensible

I met with Denise after a less than satisfactory meeting with another lawyer. I left the previous meeting feeling despondent, very negative about moving forward and confused by the advice I had been given. My meeting with Denise was an entirely different experience. She explained things in a clear and succinct way, was incredibly supportive… Read more “Incredibly supportive and sensible”

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Help guiding us through a very stressful time

I would like to thank you again for all your work and help guiding us through a very stressful time.

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I was very pleased with how things went today

Hi Beverley – I would just like to email you to thank you for your services today and commend you on doing a stellar job. I was very pleased with how things went today. The level of professionalism you showed was much to my satisfaction and greatly appreciated. I felt very relaxed at having you… Read more “I was very pleased with how things went today”

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Secured good outcomes at every stage of the case

Sarah has done an excellent job on this case. From my perspective, she has been incredibly helpful and courteous. She has clearly fought her client’s position robustly and secured good outcomes at every stage of the case.

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I would like to thank my exceptional Scottish team

My dear legal team! I have been writing this letter of thanks in my head since about two months ago, and didn’t know it would take a bit longer than expected to actually be able to express my deep gratitude to you ALL for winning this tough and enduring process for me……I would like to… Read more “I would like to thank my exceptional Scottish team”

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Wonderful job

I would like to thank you Lesley again for the wonderful job you and your team did for me at a very difficult time in my life.

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You have smoothed the pathway with your efficiency

Amanda…May I take this opportunity to thank you for your help in these matters. Although I am a resilient person, it has not been easy, but you have smoothed the pathway with your efficiency…

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Thanks for all the expert guidance through a trying situation

Hi Marjory, my daughter and her son are doing great. Everything seems to have calmed down. She and her husband finished the mediation process after a couple of visits as they both felt they had to step up to the mark for their son’s sake not for personal reasons. Once again thanks for all the… Read more “Thanks for all the expert guidance through a trying situation”

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Great service

Beverley thank you so much for all your hard work and making things run as smoothly as possible. Great service.

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Impressed with Denise’s ability to clarify the process

Attentive, knowledgeable and efficient is the phrase that comes to mind when I think about Denise Laverty. I’ve had the pleasure of knowing Denise professionally for over a year, during which she diligently assisted me with a very difficult divorce.  Above all, I was impressed with Denise’s ability to clarify the process, advocate and negotiate… Read more “Impressed with Denise’s ability to clarify the process”

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