Pictured above: Nicola Walker
A leading Midlands' family lawyer has welcomed the new changes
to legislation that will make it easier for gay male couples to be
recognised as the parents of children born to surrogate mothers.
As of 6 April, gay male couples will be able to become the legal
parents of surrogate children. The changes to the law will allow
two men to be named as parents on a child's birth certificate for
the first time in British history. This is the final stage of the
implementation of the 2008 Human Fertilisation and Embryology
Act.
Nicola Walker, a partner at the Midlands' offices of law firm
Irwin Mitchell, said: "These changes bring the law up to date and
will change the lives of gay male couples across the UK.
"While current legislation allows heterosexual, married couples
to get a parental order to give them a birth certificate for a
child born to a surrogate mother, the case is not the same for gay,
lesbian and unmarried couples.
"Although the law has implications for other couples, it is
perhaps of particular interest to gay men as they tend to have
fewer parenting avenues open to them. Currently, the surrogate
mother must be named on the birth certificate. The changes being
made are ground-breaking.
Nicola concludes: "If the court is happy that two men are in a
stable relationship, that no fees other than expenses are paid to
the surrogate and that it is in the child's best interest, it will
award a parental order for a birth certificate to be drawn up with
both men to be named as parents. They will then become legal
parents."