A Parental Order transfers parenthood from the surrogate (and her husband or partner if she has one) to the couple who commission the surrogacy arrangement. Parental Orders are currently available to married couples only. The Human Fertilisation and Embryology Act 2008 enables same sex couples and unmarried couples as well as married couples to apply for a Parental Order. Regulations are necessary to set out the processes for the court to grant Parental Orders. This consultation is on the Draft Human Fertilisation and Embryology (Parental Orders) Regulations. They replace the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 and the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994. They will bring the processes for granting Parental Orders more closely into line with updated adoption legislation.
A parental order is made by the family courts and reassigns parenthood after surrogacy, extinguishing the responsibility of the surrogate parents and transferring it to the commissioning couple. The process takes place post-birth: the application must be made within the first six months of the child's life (though the surrogate's consent is ineffective until after the first six weeks) and typically takes many months to be processed by the courts. At present, only married couples can apply, but as from 6 April 2010, unmarried and same sex couples will also be eligible. The Department of Health (DH) is currently consulting on new draft regulations which prescribe the detail of this court process, and which will replace existing regulations that have been in place since 1994. The consultation closes on 23 November.