News
Gay men couples to legally become parents
Following the implementation of the final part of the 2008 Human Fertilisation and Embryology Act, gay male couples can become the legal parents of surrogate children.
Currently the birth mother of any child born under a surrogacy agreement with a gay, lesbian or unmarried couple must be named on the birth certificate. If she is married, her husband is considered the legal father of the child. For a gay couple to obtain legal guardianship, they would need to go through the complex process of adoption.
However, from 6th April 2010, gay couples can obtain a parental order to give them a birth certificate which names the two men as the parents.
The court will award an order as long as it is convinced that the two men are in a stable relationship, no fees (except expenses) have been paid to the surrogate, and that it is in the best interests of the child.
While the new legislation makes it easier for gay couples to have children, there are still pitfalls in the surrogacy process for single people or couples bringing a child back from abroad.
