Surrogacy

Practice notes

Surrogacy—parental orders—procedure

A parental order is an order providing for a child to be treated in law as the child of the applicant(s) if the child has been carried by a woman who...

17th Jan

Practice notes

Surrogacy—parental orders—general principles

A parental order provides for a child to be treated in law as the child of the applicant(s) if:•the child has been carried by a woman who is not the...

17th Jan

Q&As

Where a woman is separated from her husband, but not yet divorced, and she wishes to undertake in vitro fertilisation treatment (using donor sperm), does she require her husband’s consent to do so? Where the husband refuses to sign a form indicating that he does not consent for the purposes of section 35 of the Human Fertilisation and Embryology Act 2008, how will that section be applied?

There is no legal requirement for a woman who remains married to obtain the consent of her husband to undergo in vitro fertilisation (IVF) treatment,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Are there any reported cases where the relationship between a same-sex couple who have a surrogate child has broken down prior to a parental order being made, so that parental responsibility remains with the legal mother and one of the couple as the father? Have there been any other significant surrogacy decisions since Re H (a child) [2017] EWCA Civ 1798, [2017] All ER (D) 141 (Nov)?

This Q&A considers two points. Firstly, it considers whether there have been any significant surrogacy decisions that post-date Re H (A Child)....

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

Where a same-sex male couple are married/civil partners, and one of that couple will be a sperm donor for a woman who is married/a civil partner to another woman, who would have parental responsibility for the child, be the child’s legal parents and be registered on the birth certificate?

We have assumed that you are referring to a non-surrogacy arrangement, ie that the woman who is to carry the child is not doing so under a surrogacy...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

If a surrogate’s husband is automatically the second legal parent, can the biological father still have parental responsibility if he is registered on the birth certificate?

Surrogacy occurs where a woman carries a child with the intention that that child will be given to other parents. Surrogacy can either be total (where...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Can two same-sex (male) intended parents apply for a parental order in a situation where they don't know which one of them is the biological father (but they know it is one of them)?

A parental order is an order made under section 54 or 54A of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) and which has the effect of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Precedents

Standard order 17.2—Final order for HFEA parental order application

In the Family Court sitting at [court name]No: [case number]Sitting at [insert place]The Human Fertilisation and Embryology Act 2008 section 54The...

4th Jan

Precedents

Standard order 17.1—Directions order for HFEA parental order application

In the Family Court sitting at [court name]No: [case number]The Human Fertilisation and Embryology Act 2008 section 54The Family Procedure Rules 2010...

4th Jan

Practice notes

Standard orders—parental orders

This Practice Note provides information about, and access to, parental order standard orders issued by the President of the Family Division, Sir James...

4th Jan

Practice notes

Surrogacy—general principles

A surrogacy arrangement is the practice whereby a woman carries a child for another person with the intention that the child should be handed over at...

28th Nov

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