The President of the Family Division has now declared that the law is incompatible with the father’s and the child’s human rights, and discriminates against them.
The Secretary of State for Health decided not to oppose the father’s application, conceding that UK law breached human rights legislation and consenting to the court making a declaration of incompatibility.
Only Parliament can change the law and declarations of incompatibility under the Human Rights Act are unusual with only 20 final declarations having ever been made, and all but one have prompted parliament to change the law.
Having consented to the declaration the government should take action to change the law to enable a parental order to be granted as soon as possible.
Single parents conceive children through surrogacy and build families in new ways and their children deserve legal recognition too.
For advice and help on the issue of surrogacy and human rights call us today.