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Human Fertilisation and Embryology Act 2008: Remedial Order

Volume 645: debated on Thursday 19 July 2018

We are today laying a revised non-urgent remedial order, which will enable a sole applicant to apply for a parental order, which transfers legal parenthood after a surrogacy arrangement.

The Joint Committee on Human Rights (JCHR) published its report about the initial draft remedial order on 2 March 2018. The Government have carefully considered the issues raised in the report and have accepted the recommendations made by JCHR. We have taken additional action so that the revised order ensures that a biological parent in a surrogacy arrangement is not blocked by their relationship status from obtaining legal parenthood.

Surrogacy has an increasingly important role to play in our society, helping to create much-wanted new families for a range of people. The UK Government recognise the value of this in the 21st century where family structures, attitudes and lifestyles are much more diverse.

The revised remedial order reflects an equal approach for a sole applicant or a couple in obtaining legal parenthood after a surrogacy arrangement. The order will allow a six-month period where an existing sole applicant can retrospectively apply for a parental order for a child born through surrogacy.

It will be for the Joint Committee on Human Rights to further scrutinise the revised order, take views from parliamentarians and stakeholders and advise the Government and Parliament on the appropriateness of the order. The Committee will have 60 days to undertake these considerations and then make recommendations to Parliament, before debates in both Houses.