Changes coming for Parental Orders following Surrogate Changes
Marcus Malin, Head of Family Law

On the 6^th April 2010 the law relating to same sex couples applying for a Parental Order following surrogate changes.

Surrogacy in the UK is of course permitted, however until now the legal recognition of a surrogate child’s parents has differed for those parents who are married and those who are not, including same sex couple regardless of whether they have entered into a civil partnership.

That anomaly has been addressed, and as from the 6^th April 2010, a change in the law will allow unmarried and same sex couples to apply for an Order known as a Parental Order, thus removing the present restriction that only enables married couples to apply for such an Order.

The significance of a Parental Order is that it reassigns parenthood extinguishing the parental status of the surrogate parent(s), and conferring full parental status and parental responsibility on both intended parents.

Once a Parental Order is made, a new birth certificate is issued naming the intended parents and replacing the child’s original birth certificate, and securing the position of both intended parents.

An application for such an Order must ordinarily be made with 6 months of the child’s birth, however in the case of unmarried and same sex couples who already have a surrogate child, an application has to be made within 6 months of the 6^th April 2010.

 There are other conditions that must be satisfied to secure a Parental Order to be made, and advise can be sought from Marcus Malin and Alma Ahijado-Alvarez, who have a wealth of experience to call upon in such matters at Young & Lee Solicitors on 0121 6333233 or e-mail marcus.malin@younglee.co.uk