Legal loophole stops gay policeman being named as daddy

Two policemen made history by becoming the first British gay couple to father a surrogate baby in the UK. Unfortunately, the law is out of step with their circumstances and they cannot be listed as the baby’s fathers on the birth certificate under the present rules.

The proud fathers, Mr Ponder and Mr Sigston, became parents with the help of Mr Ponder’s sister, Lorna Bradley. (The baby was conceived using a sperm donation from Mr Sigston and baby William is now living with his new fathers.) Mrs Bradley is married with three children of her own and the arrangement took place with the approval of her husband.

Although surrogacy for gay couples is not illegal, under current law, Mr Ponder and Mr Sigston may not be named as the parents on William’s birth certificate. In the first instance, Mrs Bradley will be listed as the mother, and because she is married, her husband is automatically listed as the father, even though the pregnancy was achieved without his involvement.

However, the law is due to change in April next year, when the Human Fertilisation and Embryology Act 2008 comes into force. The new legislation will allow gay couples to apply to the Court for Parental Orders and Mr Ponder and Mr Sigston can then apply for a second birth certificate naming them as parents.

Kim Aucott, Family Law Expert at George Davies Solicitors said “When the Act comes into force next year it will bring the law on surrogacy in line for gay couples”.