Surrogate Motherhood: Lone Parents:Written question - HL1633

Q
Asked on: 02 October 2017
Department of Health
Surrogate Motherhood: Lone Parents
Lords
To ask Her Majesty's Government, further to the Written Answer by Lord O’Shaughnessy on 19 September (HL1420), whether, under the proposed remedial order relating to the Human Fertilisation and Embryology Act 2008, single people who are unable to provide their own genetic material will be permitted to apply for a parental order following a surrogacy arrangement; and if not, what consideration they have taken of the potential discriminatory effects of this, in particular against infertile single women.
A
Answered by: Lord O'Shaughnessy
Answered on: 12 October 2017

Remedial orders have a very limited purpose, to correct incompatibilities identified in Human Rights legislation. In this case the remedial order is intended to correct the provision in the Human Fertilisation and Embryology Act 2008 that currently only permits couples to apply for a parental order following a surrogacy arrangement, which the High Court ruled was incompatible with Article 14 of the European Convention on Human Rights. The provision of the Act which requires an applicant to have provided their own gametes to bring about the pregnancy is unchanged by the ruling of the High Court.

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