Surrogacy for single men is legal in UK; however, the individual has to rope in a surrogate mother in UK for the same purpose. Besides, he has to go for surrogacy in a manner where either his sperm and surrogate mother’s eggs or an embryo developed out of his sperm and donated eggs are used.
What does UK law says about Surrogacy for Single men in UK?
While surrogacy for single men in UK is legal, there are various conditions and complications attached to it. In spite of the Human Fertilisation and Embryology Act of 1990, single women have always been able to obtain ARTs without any issues whatsoever. Although "woman," "couple," and "person" are all used interchangeably in the law's 8th Code of Practice, the latter term allows single men to receive treatment in the same regards as well.
There is some evidence that single men have a poorer standing in the law than single women, according to the 2008 HFE Act (excluding women using surrogacy, who seem to constitute the most vulnerable and least protected group of patients). In the welfare of the child assessment, the modified section 13 (5) of the HFE Act 2008 speaks exclusively to a woman and is quiet on the man.
The phrase "the need for a father" was replaced with the phrase "the need for supporting parenting." Equality and alternative family arrangements in the area of the arts were embraced as a result of this new policy reform. However, paradoxically, it has weakened the position of surrogacy for single men in UK.
Ironically, it is sufficient for a surrogate mother in UK to establish that she has the support of a network of relatives and friends to be recognised as a legal mother under the HFE Act. S 13(5). However, the same ruling undermines the claims of unmarried males who want to have children through fertility therapy.
Establishment of legal parenthood for single men
In this setting, the main issue for unmarried males is establishing legal parenting. If the surrogate mother is not married and not in a civil partnership, then a single guy can be considered the legal father of a kid if no one else agrees to be the other parent.
However, no mention of single men is included in s. 42, 43, and 44 HFE Act 2008, hence this regulation is inferred from these sections. Surrogacy process in UK rarely allow for such a scenario to materialise. For one thing, the majority of arrangements involve third persons who aren't family members and frequently include money.
Thus a single male may have trouble meeting the criteria under section 54(8) HFEA 2008 that no money or other advantage has been provided or received for surrogacy. These situations necessitate an application for a parental order or adoption on the part of the single male whose child was born as the result of an IVF/IUI surrogacy agreement.
In this instance as well, recent case law has established that single men have "legal vulnerabilities." Two people must make a claim for a parental order, according to Section 54(1) of the HFE Act 2008, which sets forth the principles for parental orders.
For single parents, the HFE Act 2008's parental orders were a question of whether or not they violated their human rights. President of the High Court Family Division ruled that the current status of Section 54 (1) and (2) of the HFEA 2008 was incompatible with the human rights granted by Article 14 in conjunction with Article 8 ECHR.
Lord Munby noted that while the definition of a couple has evolved over time, it has always been clear that a parental order cannot be sought by a single individual. In 1990 and 2008, Parliament drew a clear distinction between adoption orders and parental orders, which Parliament felt was appropriate.
When it comes to accessing surrogacy for single men in UK, there is no formal prohibition on people pursuing the arrangement. However, this case shows that even though access to surrogacy in UK is not formally prohibited, the provisions concerning parenthood in the HFE Act can have an exclusionary effect on single men, even though they are not explicitly prohibited. This significant barrier to obtaining a parental order will dissuade single men from pursuing ARTs if they are aware of it.
Single Men have to file for adoption
When a single man desires to gain parental rights over his biological child, adoption is the sole choice. There is no doubt that the current state of affairs is unacceptable. The current legal framework breaches the human rights of single males by denying them a legal acknowledgment of their biological/genetic relationship with their offspring, as shown by recent case law and this analysis.
The legal system in the United Kingdom has thus begun to recognize the rights of single males in fertility therapy independent of the WHO, which, at least in the United Kingdom, should be considered more as falling within the changing paradigm than as bringing one about.
These challenges are distinct from questions about public funding and rationing, which will be addressed in a separate piece. That the number of individuals pursuing surrogacy for single men is still small does not imply it should be ignored.
One may even claim that the low number is due to the legal snags and ambiguities that are a part of the framework for fertility treatment law and regulation. When it comes to enacting legislation that is in accordance with European Convention on Human Rights standards, Parliament has received no instruction or assistance from the courts. Because of this, more conversations regarding how to resolve the above contradictions are critical.
How to proceed with Surrogacy for Single men in UK?
It is advisable to connect with s surrogacy agency or surrogacy clinic in UK for the entire arrangement. Doing that, one can keep up with all the legal hassles and complications in regards to surrogacy for single men in UK.
At Miracle Baby surrogacy, we ensure you of a smooth and convenient surrogacy journey via our partner IVF clinics and egg donor, sperm donor banks located in UK. Besides, our consultants and surrogacy professionals will be at your service during every step of your surrogacy journey.