Gay male couples can now become the legal parents of children born via a surrogate mother next week – both men will be allowed to be named parents on the child’s birth certificate for the first time in the UK’s history.
“The transition will take effect following the implementation of the final piece of the 2008 Human Fertilisation and Embryology Act. This last section is aimed at helping same-sex and unmarried couples who seek to have surrogate children and will allow them to secure legal parenthood in a new, simplified manner. At present, only married, heterosexual couples can use this route…
The new system is far more streamlined. Provided that a court is satisfied that two men are in a stable relationship; that no fees, other than expenses, are paid to the surrogate mother; and that it is in the child’s best interest, then it will award a parental order for a birth certificate to be drawn up with both men named as parents, and therefore legal guardians. “Lesbian couples and unmarried couples usually have other routes available to them if they want to have children, but surrogacy is particularly important to gay men, so they will get most out of this change in legislation,” said Gamble.In effect, the law has now opened the doors in order to make it easy for a gay man and his partner to have children..”