Since May 2016, prospective single applicants for parental orders for surrogate children have waited with bated breath for the change in the law that permits them to make their applications, independent of their relationship status. At the end of last year, it was announced that a remedial order to the Human Fertilisation and Embryology Act 2008 (HFEA 2008) had been placed before Parliament. However, five months have now passed and the question remains whether we are any closer to change.
In the case of Re Z (A Child) (No 2)  EWHC 1191 (Fam),  EWHC 1191 (Fam), s 54 of HFEA 2008 was declared to be incompatible with articles of the European Convention on Human Rights. As it currently stands, HFEA 2008 limits applicants for parental orders only to those who are married, in civil partnerships or in ‘enduring family relationships’. A proposed remedial order amending s 54 to allow single parents to apply is now being considered.
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