UK-wide · 2008
Human Fertilisation and Embryology Act 2008 — Parenthood & PR
Protects: Children born through assisted reproduction and their legal parents.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Summary
Defines who counts as a legal parent of a child born through assisted reproduction. The mother's female spouse/civil partner is automatically the child's second legal parent (s.42); unmarried female partners and unmarried male partners can become the second parent through the 'agreed parenthood' provisions (ss.43-44).
Key provisions
s.33 — Mother
The woman who carries the child is the mother, regardless of genetic relationship.
s.42 — Female civil partner / spouse
Where the mother was in a civil partnership or marriage to another woman at the time of treatment, that woman is the second parent.
ss.43-44 — Agreed female parenthood
Unmarried female partners can become legal parents via written notice given to the licensed clinic.
s.54 — Parental Orders (surrogacy)
Intended parents in a surrogacy arrangement apply for a Parental Order which extinguishes the surrogate's parenthood and confers PR.
What this Act affects
The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.
Legal motherhood
s.33Decision point: the woman who carries the child is the mother.
Second female parent — civil partner/spouse
s.42Decision point: automatic legal parenthood, leading to PR on the same footing as a married father.
Agreed female / male parenthood
ss.43–44Decision point: unmarried partners can become legal parents by written notice at the licensed clinic.
Parental Order (surrogacy)
s.54Decision point: extinguishes surrogate's parenthood and vests PR in the intended parents.