The UK Parliament is set to pass a law that will enable single people become the legal parent of a child born through surrogacy. The right of a child to a mother and father will not be considered. The practice of surrogacy in the UK is legal but there are some restrictions. Surrogacy contracts cannot be enforced, so in the UK, as also in Ireland, the woman bearing the child is the legal mother at birth (and her partner the father, if she is married or in a civil partnership) and remains so unless and until she signs away all rights over the child. This occurs when those who contracted the surrogacy apply to a court for a parental order which requires the consent of the birth mother. If the Court grants the order, the parental rights of the birth mother are extinguished, legal parenthood is transferred, the existing birth cert destroyed and a new birth certificate, reflecting the new legal parents, is drawn up. Currently, however, only couples may apply for parental orders, so even though single men or single women could arrange a private surrogacy, they may be denied legal parentage after the fact. This happened to a single man in 2016, who was refused a parental order because he was single, but the High Court decided that this law was discriminatory and in breach of the European Convention on human rights. In a comment that entirely overlooked the child’s natural parentage, Sir James Munby, president of the family division, explained the importance of having the correct legal parent(s): “Section 54 goes to the most fundamental aspects of status and, transcending even status, to the very identity of the child as a human being: who he is and who his parents are… A parental order has an effect extending far beyond the merely legal. It has the most profound personal, emotional, psychological, social and, it may be in some cases, cultural and religious, consequences.”
In response to that judgement, parliament is now set to give single people equal rights as couples in claiming legal parentage of the children they have acquired through their private surrogacy contracts.