The landscape of family life in the UK is evolving. Today, over 500 children are born through surrogacy each year, helping people all over the country start a family. However, this growth brings increased complexity for family law practitioners. Confirming the genetic relationship between the intended parent(s) and the child carried via surrogate is a critical step, with DNA testing providing the legal bridge between families.
While surrogacy is a journey of intention, the legal transfer of parenthood is dependent on genetic proof. For family law practitioners, ensuring this proof is irreproachable is a procedural necessity.
Why biology matters
Under current UK law, the surrogate is the legal mother for the child at birth. To remove her rights, and transfer legal parenthood to the intended parents, a Parental Order is required. A Parental Order typically takes between 6-12 months to be granted, and is subject to several prerequisites:
- The application is typically submitted within 6 months of the child’s birth.
- The child must live with the intended parents.
- The child must have been carried by a surrogate who did not provide her own egg (gestational surrogacy) or artificial insemination must have been used.
- The intended parents must prove that they are genetically related to the child and enclose the results of the legal DNA test within the application as per the following:
According to Section 54(1)(b) of the Human Fertilisation and Embryology Act (HFEA) 2008, (or Section 54A for single applicants) the court must be satisfied that the gametes of at least one of the applicants were used to create the embryo. Without this genetic connection, a Parental Order cannot be granted, leaving families in a state of limbo, whereby they may need to explore more complex proceedings to become the legal parent of the child, such as adoption.
The role of family law practitioners
Family lawyers are critical in supporting applicants through the Parental Order process, from pre-conception planning to birth registration. Your advice and legal representation can be critical to help manage the process and ensure that every piece of evidence submitted to the court is valid, including the DNA testing process.
Ensuring legal admissibility
For a DNA test to be admissible in the family court, it must meet the standards set by the Ministry of Justice. To ensure a report is “court-ready,” NorthGene™ maintains a strict chain of custody that satisfies these requirements:
- Accreditation: As a laboratory UKAS accredited to ISO 17025 and Ministry of Justice approved, NorthGene™ ensures that all procedures and reports are legally compliant.
- Independent sample collection: Their expert team manages independent, third-party collectors. This ensures that the mandatory verification of photo ID and the witnessing of samples are handled professionally, preventing any challenge to the results in court.
- Integrity of evidence: All samples are returned to the NorthGene™ laboratory in sealed, tamper-proof packaging, ensuring that sample security is guaranteed from the moment of collection to the final analysis.
Beyond paternity and maternity testing, NorthGene™ also offers legally admissible non-invasive prenatal paternity testing. This allows practitioners to establish biological links during into a pregnancy and facilitates early case planning (provided the surrogate’s informed consent is obtained).
Solicitors should be aware that peace of mind DNA tests, where samples are self-collected, are not court admissible. Failure to obtain legally admissible DNA test results can lead to costly delays or even the dismissal of evidence. These can be huge obstacles in an already lengthy timeline.
Navigating international cases
Moreover, international surrogacy arrangements present a unique set of challenges. The DNA test required for the Parental must also meet requirements set by the UK Home Office and HM Passport Office for immigration and nationality purposes.
When a child is born abroad to a British intended parent, DNA evidence is needed to confirm a biological relationship prior to issuing a British passport or confirming citizenship. The challenge for legal teams is coordinating these tests across borders while maintaining a strict chain of custody. Fortunately, NorthGene™ is well-versed in navigating these challenges, and their dedicated team is on hand to manage the process for you, providing a robust report that satisfies the courts, streamlining the child’s return to the UK.
The legal bridge between families
Legal DNA testing is more than a biological verification; it is the evidence that reflects the reality of the modern family. It provides the essential proof needed to transfer legal rights, issue a new birth certificate, and secure future inheritance and pension rights.
For family lawyers, the goal is to provide a seamless transition from birth to legal parenthood. By instructing an accredited laboratory like NorthGene™ at the earliest opportunity, practitioners can ensure that the biological evidence is beyond reproach and ensuring a seamless path to legal parenthood.
To learn more about NorthGene™ and their legal DNA testing services, click here.
This article was submitted by NorthGene™ as part of an advertising agreement with Today’s Family Lawyer. The views expressed in this article are those of the submitter and not those of Today’s Conveyancer.
