The Law Commissions' Consultation on Surrogacy

Closes 11 Oct 2019

Chapter 11: Eligibility Criteria for a Parental Order

62. Consultation Question 54: We provisionally propose that the six month time limits in sections 54 and 54A of the HFEA 2008 for making a parental order application should be abolished. Do consultees agree?
63. Consultation Question 55:

We provisionally propose that:

(1)          the current circumstances in which the consent of the surrogate (and any other legal parent) is not required, namely where a person cannot be found or is incapable of giving agreement, should continue to be available;

Do consultees agree?

(2)          the court should have the power to dispense with the consent of the surrogate, and any other legal parent of the child, in the following circumstances:

(a)          where the child is living with the intended parents, with the consent of the surrogate and any other legal parent, or

(b)          following a determination by the court that the child should live with the intended parents; and

(3)          the court’s power to dispense with consent should be subject to the paramount consideration of the child’s welfare throughout his or her life guided by the factors set out in section 1 of the Adoption and Children Act 2002 and, in Scotland, in line with the section 14(3) of the Adoption and Children (Scotland) Act 2007.

Do consultees agree?