High Court has found that legislation which does not allow parental orders after a surrogacy arrangement to be made in favour of single people, is incompatible with human rights laws.
The current laws - the Human Fertilisation and Embryology Act 2008 - allow married couples, civil partners and couples in an "enduring family relationship" to apply for parental orders after a surrogacy arrangement.This transfers legal parenthood from the surrogate mother to the commissioning parents. But the legislation does not currently allow parental orders to be awarded to single people. In this case, the only option available to the would-be father was to apply to adopt the child. Sir James Munby, the most senior family court judge in England and Wales, has agreed with the father, who said the legislation was incompatible with human rights laws.