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Parental orders under section 54 of the Human Fertilisation and Embryology Act 2008

Law amended to allow one person to apply for a parental order

The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018, which came into force on 3 January 2019, is a remedial order made under section 10 of the Human Rights Act 1998. Its purpose is to remedy the incompatibility of section 54 of the Human Fertilisation and Embryology Act 2008 with the European Convention on Human Rights.

In Z (A Child) [2015] EWFC 73, section 54 was found to be incompatible with those rights by the court since the availability of a parental order under that section was limited to two people in a relationship akin to marriage. A parental order is an order which the court may make conferring parental responsibility on a person whose biological material has been used in the course of surrogacy arrangements.

This Order introduces a section 54A to the 2008 Act which provides that one person may apply for a parental order and makes provision consequential on that change.

The Human Fertilisation and Embryology (Parental Orders) Regulations 2018, which came into force on 20 December 2018, have been made as a consequence of the introduction of section 54A to the 2008 Act, by the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018.

For the 2008 Act, click here. For the 2018 Remedial Order, click here. For the 2018 regulations, click here.

4/1/19