The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

This Order is a remedial order made under section 10 of the Human Rights Act 1998. Its purpose is to remedy the incompatibility of section 54 of the Human Fertilisation and Embryology Act 2008 with the Convention Rights. Section 54 was found to be incompatible with those rights by the Court since the availability of a parental order under that section was limited to two people in a relationship akin to marriage. A parental order is an order which the court may make conferring parental responsibility on a person whose biological material has been used in the course of surrogacy arrangements.

This Order provides that one person may apply for a parental order and makes provision consequential on that change.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary of public sector is foreseen.