Surrogacy for single parents in UK is a permissible arrangement. Still, the intended parents must take a deep understanding about every element and aspect in same relation before taking the first step forward.
Advertising for a surrogate mother in UK is unlawful in the country. Hence, it is highly recommended to get along with a surrogacy agency like Gaia fertility for the efficient management for the entire process. Even though a surrogacy clinic cannot legally assist the intended parent, they can act as a guide and counsellor to help them during every phase of their surrogacy journey.
Surrogacy for single parents is legal in UK. Still, there is a list of restrictions that may come across to your surrogacy journey in the country. Given the Human Fertilisation and Embryology Act of 1990, single women have historically had no trouble getting ARTs. Despite the fact that the terms “woman,” “couple,” and “person” are all interchangeable under the law’s 8th Code of Practice, the latter phrase permits single parents to get the same treatment. According to the 2008 HFE Act, there is some evidence that single parents have a lower legal status than single women (excluding women using surrogacy, who seem to constitute the most vulnerable and least protected group of patients). The updated section 13 (5) of the HFE Act 2008 talks primarily to a woman in the welfare of the child evaluation and is silent on the guy.
The term “the need for a father” was changed with “the requirement for parenting help.” As a result of this new policy change, equality and alternative family arrangements in the arts were accepted. Surrogacy for single parents, on the other hand, has suffered as a result.
Surrogate mothers in the United Kingdom can be recognized as legal mothers by demonstrating that they have the assistance of a network of family and friends under the HFE Act (5). The same verdict, however, casts doubt on the claims of unmarried men seeking to have children through reproductive treatment.
The biggest challenge for unmarried men in this situation is proving legal parentage. If the surrogate mother is not married or in a civil partnership, a single man might be deemed the legal father of the child if no other parent agrees.
However, because sections 42, 43, and 44 of the HFE Act 2008 make no mention of single males, this law is inferred from these parts. Surrogacy in the United Kingdom seldom allow for such a scenario to occur. For one thing, the vast majority of arrangements include non-family third parties and typically entail money.
As a result, a single male may have difficulty achieving the conditions set out in section 54(8) HFEA 2008, which states that no money or other benefit has been supplied or received in exchange for surrogacy. In these circumstances, the single male whose kid was born as a consequence of an IVF/IUI surrogacy arrangement must apply for a parental order or adoption.
Obtaining parental orders maybe a bit complicated for the single men in comparison to single women in UK. The HFE Act 2008’s parental orders were a test of whether or not they infringed single parents’ human rights. The existing situation of Section 54 (1) and (2) of the HFEA 2008 is incompatible with the human rights guaranteed by Article 14 in connection with Article 8 ECHR, according to the President of the High Court Family Division.
While the concept of a couple has changed over time, it has always been clear that a parental order cannot be obtained by a single person, according to Lord Munby. Parliament made a clear difference between adoption orders and parental orders in 1990 and 2008, deeming it suitable.
When it comes to surrogacy for single parents in the United Kingdom, there is no official law against it. However, even if surrogacy is not technically outlawed in the UK, the HFE Act’s restrictions governing parenting can have an exclusionary impact on single males, even if they are not directly prohibited. If unmarried males are aware of this considerable hurdle to getting a parental order, they will be discouraged from seeking ARTs.
Once the surrogacy process has been started and the child has been born, the single parents have to file for the adoption of the kid. Recent case law and this study reveal that the current legal system violates single males’ human rights by denying them legal recognition of their biological/genetic link with their kids.
Thus, independent of the WHO, the legal system in the United Kingdom has begun to recognize the rights of single males in fertility therapy, which, at least in the United Kingdom, should be seen as more of a part of the shifting paradigm than as bringing it about.
One may even argue that the low figure is due to legal snags and ambiguities in the framework for fertility treatment law and regulation. Parliament has received no guidance or help from the courts in passing legislation that complies with European Convention on Human Rights requirements. As a result, additional discussions about how to overcome the aforementioned inconsistencies are essential.
It is evident that surrogacy for single parents in UK isn’t that straightforward as it seems like. Still, given our expertise and experience in the same domain, we can help you get through the process in the most convenient and simplest manner
Connect with one of our client coordinators today to schedule a free consultation!