Law change for same-sex and surrogate parents

A new baby holds the finger of its mother.Image source, PA Media
Image caption,

Constable Richard Vibert said Jersey was "considerably far behind the UK in legislation"

  • Published

It could be easier for same-sex couples using fertility treatment or surrogacy to be legally recognised as a child's parent in Jersey if law changes are approved.

Proposals to the Children (Jersey) Law 2002 would also mean people who have consented to fertility treatment and passed away before the birth can be legally recognised as the parent.

Constable Richard Vibert, the Minister for Children and Families, said the registration of a parent on a child's birth certificate played a "significant role in affirming a child's identity".

He added Jersey was "considerably far behind the UK in legislation" when recognising parents using fertility treatment.

Mr Vibert said: "This measure provides a meaningful and symbolic recognition of parenthood, supporting the child's sense of identity and belonging."

A parental order would also be included in the law to apply to children born in Jersey through surrogacy.

"A parental order transfers legal parenthood from the surrogate to the intended parents, extinguishing the surrogate's parental responsibility and granting the intended parents full parental responsibility," Mr Vibert said.

"This ensures that the child is legally recognised as the child of the receiving parents alone."

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