| 释义 |
parental order
A court order made under section 54 or 54A of the Human Fertilization and Embryology Act 2008 which provides for a child born as a result of a surrogacy agreement to be treated in law as the child of the applicant (the commissioning couple or person) rather than that of the surrogate mother (the woman who gave birth to the child). Once made, the order severs all legal ties with the surrogate mother; in this way it is similar to an adoption. Certain conditions must be satisfied before the order can be made. The child must have his or her home with the applicants, and the application must be made within six months of birth according to the statute (although, see Re X (A Child) (Surrogacy: Time Limit) [2014] EWHC 3135 (Fam)). In the case of an application by a couple, the applicants must be married, in a civil partnership, or in an “enduring family relationship”, and one of the applicants must be genetically related to the child. The genetic relationship requirement also applies to a sole applicant. Crucially, the surrogate mother must fully and freely and with full understanding of what is involved have agreed unconditionally to the making of the order. Additionally, if the child has another parent (for example, the surrogate mother’s husband (see assisted reproduction) then that parent also has to consent. |