Six month deadline for applications for parental orders relaxed by the High Court

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Abstract

Section 54 of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) facilitates the transfer of legal parentage from the surrogate mother (and her husband/partner if applicable) to the commissioning parents through a parental order. The provision lays down a number of requirements that must be satisfied before a parental order can be issued by a court on application of the commissioning parents. Among these prerequisites is the requirement that ‘the application is made within 6 months of the birth of the child’, set out in section 54(3). This provision is of a particular relevance to the present case. In Re X
(Surrogacy: Time Limits) [2014] EWHC 3135 (Fam), the key question the High Court was faced with was whether a parental order could be granted even though the application was made after the expiration of the statutory six-month period.
Original languageEnglish
Pages (from-to)241-243
Number of pages3
JournalJournal of Social Welfare and Family Law
Volume37
Issue number2
Early online date28 Apr 2015
DOIs
Publication statusPublished - 2015

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Keywords

  • surrogacy
  • human fertilisation and embryology Act 2008
  • parental order
  • six month time limit

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