Surrogacy for Single Men in UK: The Legal Complications!

The situation in regards to surrogacy for single men in UK is not that favorable in comparison to surrogacy options for other individuals. As per the rules, a single men must employ a surrogate in order to conceive a child; he will either use the surrogate's ovum and sperm or she will carry an embryo made from his sperm and donated egg.

Therefore, the two most pertinent pieces of legislation governing the subject will be the Surrogacy Arrangements Act 1985 and the HFE Act 1990 (as revised by the HFEA 2008). Both of these Acts do not specifically name single men as a distinct group of patients.

What HFEA says about surrogacy for single men in UK?

The Human Fertilization and Embryology Act of 1990 have never restricted access to ARTs for single people. The Act and the 8th Code of Practice for the Human Fertilisation and Embryology Authority use the terms "woman," "couple," and "individual," with the latter allowing single men to seek treatment. The HFE Act 1990 (2008) does not address issues of rationing and access to publicly financed care; as a result, should they be accepted, the new WHO guidelines would not have an impact on its core principles. It is also unlikely to have an impact on how these Act provisions are interpreted, which could be perceived as putting unseen barriers in the way of single people opting for surrogacy via surrogacy agency in UK.

Looking at the 2008 HFE Act, it appears that single men may have poorer legal standing than single women (excluding women using surrogacy, who seem to constitute the most vulnerable and least protected group of patients). The phrase "the need for a father" was changed to "the requirement for supporting parenting" in the altered version of section 13(5) of the HFE Act 2008, which only relates to a woman and no longer mentions the man.

This adjustment was applauded for fostering alternative family forms and boosting equality in the context of ARTs. The position of single males has strangely suffered as a result, though and we witnessed a big drop in men looking for surrogacy for single men in UK.

Surrogacy laws in UK speak mostly in favour of the surrogate mother!

According to the HFE Act, a surrogate mother who gives birth to a child would be recognized as the kid's legal mother and would just need to provide proof of a strong support system made up of friends and relatives. In addition, the phrasing of s. 13(5) undermines the arguments made by single males who seek reproductive treatment via a surrogacy agency in UK in order to start a family.

The establishing of legal parenting is the largest obstacle single men face in this situation. It's interesting to note that a single man can only be considered the child's legal father if he is the child's biological father, the surrogate mother isn't married or in a civil partnership, and no one makes a different decision. (This requirement is implied from sections 42, 43, and 44 of the HFE Act 2008, even though single men are not mentioned in any of these clauses.) Surrogacy's reality makes it unlikely that such a situation would arise and it get further difficult in the case of surrogacy for HIV carrier in UK.

In addition, as most arrangements include third persons who are not family members and typically have a financial component, the single man may find it difficult to comply with the requirement under s. 54(8) HFEA 2008 that no money or other advantage has been provided or received for surrogacy. This is one of the factors contributing to the majority of single male surrogacy arrangements taking place overseas. In these situations, the single male whose kid was born as a result of an IVF/IUI surrogacy agreement will need to submit an application for an adoption or parental order.

Final Words

This situation is undoubtedly unwanted and unsatisfactory. The current legal system breaches the human rights of single males by preventing them from obtaining a legal acknowledgment of the biological/genetic relationship with their child, as shown by the most recent case law and this analysis. Thus, it is evident that the British legal system has begun to recognize single men's rights to fertility therapy independently of the WHO, which — at least in the UK — should be considered more as fitting into the changing paradigm than as bringing one.