FAMILY SOLICITOR TRURO Here to help: Surrogacy and Human Rights

The President of the High Court Family Division made a formal declaration that UK law discriminates against single parents with children born through surrogacy and is incompatible with their human rights.
The case of Re Z (A Child) (No 2)[2016] EWHC 1191 (Fam), concerns a British biological father of a 21-month-old boy known as ‘Z’ who was born through a US surrogacy arrangement. He lives with his single father in the UK.
Last September, the High Court ruled that it could not grant a UK parental order, needed to extinguish the responsibilities of the surrogate and to issue a UK birth certificate for Z, because UK surrogacy law only allows couples, and not single parents, to apply.
The court ruled that the US surrogate who carried Z who lives in the USA is not his biological mother and has no legal status there. Z, unsurprisingly, was made a wardof court.

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.