Surrogacy for Single Parents in UK: Is it Worth Going for?

If we go according to the surrogacy laws in UK, we can deem surrogacy for single parents in UK as a permissible arrangement. However, before moving further, the prospective parents must have a complete understanding of all the elements and steps involved in the procedure.

Advertising for a surrogate mother is prohibited in the UK. To ensure that the entire procedure goes smoothly, it is strongly advised that you deal with a surrogacy clinic in UK. That said, the intended parent cannot receive legal assistance from a surrogacy service in the UK, however they can act as a guide and counselor for the surrogacy procedure.

What do the UK's laws say for surrogacy in UK?

As previously indicated, surrogacy for single parents in UK is permitted as long as everyone involved abides by the established rules. However, there are a few restrictions that might apply to your surrogacy experience in the country. The Human Fertilization and Embryology Act of 1990 has generally made it easy for single women to receive ARTs. Although the terms "woman," "couple," and "person" are all identical under the law's 8th Code of Practice, the latter term permits Single Men to obtain the same treatment.

According to the 2008 HFE Act, there is some evidence that single men have a worse legal standing than single women (excluding women using surrogacy, who seem to constitute the most vulnerable and least protected group of patients). The modified section 13 (5) of the HFE Act 2008 talks primarily to a woman and is silent on the father in the evaluation of the welfare of the child.

The phrase "the necessity of parental help" was used in place of "the need for a father." This new policy change recognized equality and alternative family structures in the arts. On the other hand, the situation has risked surrogacy in UK for unmarried men.

If a surrogate mother in the UK can demonstrate that they have the support of a network of family and friends, they may be acknowledged as the child's biological mother under the HFE Act. However, the same ruling casts doubt on males who are not married who claim to be using reproductive therapy to have children.

Legal Aspects of Surrogacy for Single parents in UK!

The most challenging issue in this situation for unmarried Men is establishing legal parentage. The child's legal father may be a single man if the surrogate mother is not married or in a civil partnership and no other parent consents.

Although the HFE Act 2008's sections 42, 43, and 44 do not expressly mention single males, this legislation is implied by these clauses. Surrogacy in UK hardly ever permits such a situation. To begin with, most agreements involve non-family third parties and, in most situations, money.

As a result, it might be challenging for a single men to comply with section 54(8) of the HFEA 2008, which states that no financial or other benefit must have been given or received in exchange for surrogacy. A single father who had a kid as a consequence of an IVF/IUI surrogacy agreement may occasionally be required to seek a parental order or adopt his child with the help of surrogacy clinic in UK.

How a parental order be obtained?

Obtaining parental orders may be more challenging for single men in the UK than it is for single women. The HFE Act of 2008's parental orders were examined to determine whether they violated the rights of Single Men. The current interpretation of Sections 54(1) and (2) of the HFEA 2008, in accordance with the President of the High Court Family Division, is incompatible with the human rights guaranteed by Article 14 in conjunction with Article 8 ECHR.

Once the surrogacy process via surrogacy clinic in UK has started and the child has been born, the Single Men must submit an adoption petition. According to recent case law and this study, the current legal system violates the human rights of single fathers by refusing to recognize their biological or genetic tie to their children.