FAQs on parenthood - Male same sex couples planning surrogacy

I am in a male same-sex relationship (either in a civil partnership or not). How will the new parenthood law affect us?

The change in parenthood law only applies when one person is the mother. However, from April 2010, it will be possible for male couples to apply to the courts for a Parental Order which, if granted, will allow the birth to be registered showing both men as the parents in the Parental Order Register.

My partner and I are planning a surrogacy arrangement. If one partner is registered as the father, would the new parenthood law apply to the other partner?

No, the law that is coming into force on 6th April 2009 applies when one person is the mother.
However, from April 2010, it will be possible for male couples to apply to the courts for a Parental Order which, if granted, will allow the birth to be registered showing both men as the parents in the Parental Order Register.

Patients seeking a surrogacy arrangement should be advised that surrogacy contracts are unenforceable. They should also be advised to seek their own legal advice. Surrogacy law is complex and the HFEA advises anyone wishing to enter into a surrogacy arrangement to seek specialist legal advice.

Can the male intended parent in a surrogacy arrangement be the legal father where treatment is with donated sperm?

Yes this may be possible. The surrogate would be the legal mother of the child. Speak to your clinic to make sure the correct consents are signed.

More parenthood FAQs

General FAQs about the new parenthood law

FAQS about what the new law means for:

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If you have any further questions, please speak to your clinic or contact us.

Page last updated: 14 April 2009

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