Surrogacy for Gay Couples
Surrogacy is one option for gay couples (or single gay men) to have children. Some couples adopt children whose parents cannot bring them up, others choose to have children who are genetically theirs. Rather than co-parent with a lesbian couple, some opt for surrogacy. Please see the surrogacy pages in the children section of this website for further details on:
- surrogacy in general
- paternity after surrogacy
- parental orders
- international surrogacy and
- more general on legal paternity after sperm donation.
So far it was not possible for both partners in a gay couple to become the legal parents of their child other than through adoption, which is a complicated and intrusive process and not always available. From April 2010 gay couples (and unmarried opposite-sex couples and lesbian couples) will be able to regularise their parentage legally through a parental order.
The conditions for a parental order are exactly the same as for any other couples. An application for a parental order has to be made within 6 months from the date of birth of the child. The court cannot extend the time limit. However, for couples other than opposite-sex married couples, who could not apply for a parental order until April 2010, they are able to apply for 6 months from April 2010 (presumably until 5 October 2010) for a parental order for children they have through surrogacy even if they are older.
Any affected gay couples should contact us immediately, so that the application can be prepared as soon as possible for issuing at court within the 6 months time period.
Please also note that single people, such as single gay men, cannot apply for a parental order and, depending on the circumstances, may have no choice but to share paternity with the surrogate. Please find further free information on this point here.
For advice on your specific circumstances contact Andrea Woelke: ring or email us.
February 2010
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© Andrea Woelke 2009
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Disclaimer
This is an outline of the law, practice and procedure in England and Wales. It should not be taken as specific advice. All families and couples are different. The law may have changed since this was written and we therefore accept no liability for inaccuracies. Where examples are given, your personal circumstances may vary slightly, but the difference may be significant for the outcome of the legal process. Contact us for specific advice on your own circumstances.
We take no responsibility for the content of any web pages linked to outside Alternative Family Law.