Surrogacy for single individuals, what the law says and what to expect

For many single individuals, the path to parenthood is deeply personal and often complex. Thanks to progressive changes in UK law and evolving societal attitudes, solo parenthood through surrogacy is now a viable and supported option. 

In the UK, single individuals do now have the right to initiate surrogacy arrangements. The Human Fertilisation and Embryology Authority (HFEA) ensures that access is not restricted by relationship status, offering a level playing field for single parents. 

Despite the shift in the law, there are still legalities to think about if you are planning to embark on a journey involving a surrogate, which I discuss below.

Who is the legal parent at birth?

Despite the emotional and financial investment of the intended parent, UK law is clear that the surrogate is the legal mother at birth, regardless of the biological connection. If the surrogate is married or in a civil partnership prior to conception, her spouse or partner may also be considered the legal second parent unless they did not consent to the arrangement.

The surrogate has parental responsibility (PR) from the birth of the child and is named on the birth certificate. The intended parent, even if genetically related to the child, does not automatically gain legal parenthood or PR. So, what do you need to do to gain PR?

The Parental Order

To become the child’s legal parent and assume parental responsibility, the intended single parent must apply for a Parental Order. This is a post birth legal process that transfers parenthood from the surrogate (and her spouse, if applicable) to the intended parent. In order for a single intended parent to do this, they must satisfy the criteria set out in Section 54A of the Human Fertilisation and Embryology Act 2008:

• The intended parent must be over 18.
• The intended parent must be genetically related to the child (i.e. the egg or sperm must be theirs).
• The child must be carried by a woman who is not the applicant, and as a result of artificial insemination or embryo transfer.
• The child must be living with the intended parent at the time of the application.
• The intended parent must be domiciled in the UK, Channel Islands, or Isle of Man.
• The application must be made within six months of the child’s birth.
• The surrogate (and her spouse, if applicable) must give informed consent, which cannot be given until six weeks after birth.

There are some limitations that single individuals should consider too. A legal barrier arises when a single individual uses both donor egg and donor sperm, a process known as double donation. In such cases, the intended parent has no genetic link to the child. UK law currently does not allow a single person to obtain a Parental Order without a biological connection. This would mean the surrogate remains the legal parent and the intended parent may need to look into adopting the child to gain legal parenthood. This restriction can be emotionally and legally challenging, especially for those who turn to double donation due to medical reasons or genetic concerns.

Summary

In summary, single parenthood through surrogacy can be a complicated but empowering journey. While the legal landscape can be complex, it is navigable with the right support and guidance. Understanding the legal implications from the surrogate’s parental rights to the requirements for a Parental Order is essential for any single induvial considering this path.

As the law continues to evolve, there is hope that future reforms will offer greater flexibility and recognition for diverse family structures. Until then, single individuals embarking on surrogacy a journey should seek specialist legal advice early in the process to ensure their rights and those of their future child are fully protected.