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With solo parenthood on the rise, FM Family Law outlines the key legalities Going it alone
A n increasing number of men and women are reshaping traditional understandings of the family unit by choosing to become parents without a significant other. High-profile examples include Natalie Imbruglia through IVF, Sandra Bullock through adoption and Andy Cohen through surrogacy. Deciding to raise a child alone is an empowering decision, but it also comes with important legal considerations. Parental responsibility Parental responsibility (PR) grants parents/ guardians all the rights and responsibilities to make important decisions about a child’s education, healthcare and welfare. Birth mothers automatically have PR when their child is born. A father or second parent will have PR if they are named on the birth certificate, they were married or in a civil partnership to the mother at the time of their child’s birth or they have obtained PR by written agreement or court order. IVF For women undergoing IVF with a sperm donor, UK law offers protections to ensure they remain the sole legal parent. If the procedure takes place at a licensed clinic
with an anonymous donor, the donor has no legal parental rights or responsibilities. However, with informal sperm donation arrangements outside a licensed clinic, the donor could be recognised as the legal father, creating unintended complications.
To fully resolve this issue, you would need to obtain a parental order after the birth to reassign parenthood to you and grant you full PR in place of the surrogate (and her spouse). As surrogacy agreements are also unenforceable in the UK, you and your surrogate need to trust each other to transfer parenthood after the birth. Adoption Adoption is another path to solo parenthood. In the UK, individuals can adopt without needing a partner, though they must undergo a rigorous assessment process. Once the adoption is finalised, the adoptive parent has full PR for their child. Final thoughts If you’re considering solo parenthood, understanding your parental rights and the implications of each option is key to navigating the process confidently. FM Family Law is here to help with clear, compassionate advice.
Raising a child alone is an empowering decision
Surrogacy In 2019, the law changed to allow single parents to apply for a parental order (a court order granting PR for a child), opening the doors for solo parenting through surrogacy. Prior to 2019, two applicants were required to obtain a parental order. Surrogacy is legal in the UK, but the law prohibits surrogacy arrangements for profit. Surrogates become the child’s legal mother at birth and, unless the surrogate is single, her husband/spouse will become the child’s father/second legal parent.
Contact FM Family Law’s experts on 01223 355333 or visit fmfamilylaw.co.uk
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