Changes to the law around Children and their Civil Status

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​About the new law​

A new law came into force in Jersey on 24 November 2025, to better recognise same-sex parents and parents using fertility treatments or surrogates.

The new law doesn't affect mix​ed-s​​​ex parents who conceive their children without assisted reproduction​.​

How the law has changed​

Joint fertility treatment​

If the birth M​​​​​ot​her uses donor sperm, you can be jointly registered as parents on your child’s birth certificate as ​the F​​ather or Second​​​ Parent.

You must be married or in a civil partnership or undergo fertility treatment together at either:

• a regulated fertility clinic in the UK
• the Jersey Assisted Reproduction Unit (ARU)

Fathers and Second Parents​

If you use donor sperm to c​​​onceive your child, you can ​gain legal parental status and parental responsibility for your children. This is done through joint consent to fertility treatment and registration on your child’s birth certificate.

Same-sex female parents ​who had fertility treatment or assisted reproduction in the past​

If you are same-sex female parents who had fertility treatment or assisted reproduction using donor sperm before ​24 November 2025​, you can to re-register the birth of your existing children to include both parents on the birth certificate.

​This will only apply if:​​​​

• ​there is no other parent alrea​dy registered on the child’s birth certificate, and
• you have not already adopted your child, and
• you were married or in a civil partnership at the time of conception, or
• you underwent fertility treatment together at either:
• a regulated fertility clinic in the UK
• the Jersey Assisted Reproduction Unit (ARU)

Couples or individuals using surrogates​

You will be able to become legal parents of your child through a Parental Order made by the Court, if:

• you use a surrogate
• the child is born in Jersey

Parental Orders granted before 24 November 2025​​​

If you received​ a Parental O​rder from a court in England or Wales for a Jersey-born child through surrogacy before 24 November 2025​, you will be able to apply for a Recognition Order in Jersey. This will formally acknowledge your legal parental status and parental responsibility under Jersey law.

Legitimacy​

Children will no longer be classified as ‘legitimate’ or ‘illegitimate’ at birth. The birth Mother’s husband will no longer be presumed to be the child’s Father.

Historic paternity cases

If a child was born before 24 November 2025​ and the birth Mother was married to a man who was not the child’s biological Father, but he was registered as the Father, it may now be possible to correct the birth record.

Corrections can be made if:

• there is clear DNA evidence showing wh​o the biological Father is
• everyone involved agrees to the change

Stepparents​

You can gain parental responsibility for your stepchild without needing to go to court, through a formal agreement with:

• their parents, and
  
• anyone else with parental responsibility 
  

Conception without using fertility treatment​

A child born to mixed-sex parents by standard conception, without using fertility treatment, will register their child in a similar way as they did before this law came into force.

It will no longer be presumed that the Mother’s husband​ is the Father of her child.

Changes to registration and re-registration​

Changes for all parents

If 2 parents wish to be named on a child’s birth certificate, they must register the birth together. This applies to mixed-sex parents and same-sex female parents, regardless if they are:

• married to each other
  
• unmarried
• in a civil partnership with each other​

If you are having a child through surrogacy, this includes same-sex male parents, you will need to apply for a Parental Order. The birth Mother and any F​​ather, or Second Parent, will initially be registered on the child’s birth certificate before a Parental Order is granted.

Once your child is born, you must book an appointment with the Office of the Superintendent Registrar to register your child's birth in Jersey​.

Mixed-sex and same-sex female parents where the birth Mother uses donor sperm

If 2 parents consent to fertility treatment together using donor sperm and consent was not withdrawn by either party, they can be jointly registered on their child’s birth certificate.​

If you are married or in a civil partners​hip with each other at the time of conception:

• you must have consented together to fertility treatment or artificial insemination, and​
  
• you must jointly apply to the Superintendent Registrar and must make a formal declaration to confirm that you meet all the requirements to be a legal parent

If the M​​other is married or in a civil partnership at the time of fertility treatment or artificial insemination, her spouse or civil partner will be legally recognised as the child’s other parent if parenthood conditions are met, unless there’s evidence they did not consent​.

It’s best not to use informal sperm donors outside of an official clinic, as this may create legal complications aroun​d who is considered the child’s legal parent.​

If you are not married or in a civil partnership with each other at the time of conception, the following applies:

• the child must have been conceived through relevant fertility treatment either at:
• a regulated fertility clinic in the UK
• the Assisted Reproduction Unit (ARU)
• both parents must have consented to the treatment together at the time, and not withdrawn consent​
• it is important any consent forms are carefully completed and returned to the clinic. Parents should keep their own copy of the consent forms​
• you must jointly apply to the Superintendent Registrar and must make a formal declaration to confirm that you meet all the requirements to be a legal parent

Once your child is born, you must book an appointment with the Office of the Superintendent Registrar to register your child's birth in Jersey​.

Same-sex female parents re-registering the birth of existing children​

You can ​re-register the birth to include both parents on the birth certificate if the following applies:

• the child was born to same-sex female parents in Jersey before 24 November 2025​
• the parents had​ fertility treatment or assisted reproduction together using donor sperm

​You can apply to re-register your child’s birth free of charge if no parent other than the birth Mother is named on the birth certificate.

If you were married or in a civil partnership with each other at the time of conception:

• you must have consented together to fertility treatment or artificial insemination at the time of conception, and
• you must jointly apply to the Superintendent Registrar and must make a formal declaration to confirm that you meet all the requirements to be a legal parent

If you were not married or in a civil partnership with each other at the time of conception, the child must have been conceived through relevant fertility treatment either:

• a regulated fertility clinic in the UK
• the Assisted Reproduction Unit (ARU)

Both parents must have consented to the treatment together at the time.

You can jointly apply to the Superintendent Registrar and must make a formal declaration to confirm that you meet all the requirements to be a legal parent.

To check requirements and make an appoint​ment, contact the Office of the Superintendent Registrar by:​

• calling +44 (0) 1534 441335, Monday to Thursday, 8.30am to 5pm and Friday, 8.30am to 4.30pm​
  
• emailing sir@gov.je​

Who can’t re-register​

​Registration is not possible in all cases. These include:

• same-sex female parents who have already adopted their child. In these cases, the adoption certificate remains the official record of parental status.
• parents who did not enter into planned parenthood together before the conception
• parents who were not married or in a civil partnership with each other at the time of conception and did​ not use relevant fertility treatment either at:
• ​a regulated fertility clinic in the UK
• the Assisted Reproduction Unit (ARU)

Parents may wish to seek legal advice on other options available to them to gain appropriate parental rights, such as:

• adoption
• residence orders​
  

The court can't give legal advice, however it can help you with court processes.

Correcting paternity on historic birth records​​

You can correct birth records where the wrong man was registered as the child’s Father and he was married to the Mother.

Previously it was the legal presumption that a woman’s husband was considered the child’s Father, even if he was not the child’s biological Father.​

Re-registration based on the correct biological paternity will now be possible for cases where:

• there is clear DNA evidence, and
  
• the birth M​​​other, he​​r hu​sband at the time of birth, and the child’s biological Father agree to the correction, and
  
• the child is aware of the alteration and change to their paternity, and
  
• the child was born at any time before the legislation came into force and all parents are still living

You can't apply to correct an historic record in some cases. These include where:

• parties are in dispute or disagreement about paternity
• families, where one or all of the parents has died, lost capacity, or cannot be contacted
  
• parents have no clear DNA evidence of paternity

To find out more and to discuss your situation, contact the Office of the Superintendent Registrar by:

• calling +44 (0) 1534 441335, Monday to Thursday, 8.30am to 5pm and Friday 8.30am to 4.30pm
  
• emailing sir@gov.je​

Surrogacy

Surrogacy is when a woman, called the surrogate, becomes pregnant and gives birth to a child for someone else so that they can become parents. This includes same-sex male parents, mixed-sex parents, and single parents.​ The people who will raise the child are called the receiving parents.

Before the pregnancy begins, the surrogate agrees that she will carry the baby for the receiving parent or parents and that they will become the child’s parent or parents after the birth​.

The Assisted Reproductive Unit (ARU)​ can provide support and guidance about starting a surrogacy journey. The ARU does not assist with finding a surrogate.​

Only altruistic surrogacy is permitted in Jersey. This means that the surrogate must not:

• financially profit from the surrogacy arrangement
• be paid for handing over the child

Reasonable payments to cover costs associated with the pregnancy, such as the cost of medical care, are permitted.

Before treatment or pregnancy begins, it is important to have a surrogacy agreement in place. This agreement must be made between the surrogate and the receiving parents and should​ include:

• how the arrangement will work
• what reasonable expenses will be paid to the surrogate such as pregnancy and medical costs
  

If your child is born in Jersey through surrogacy, you can apply to the Family Division of the Royal Court for a Parental Order.​

A Parental O​rder gives the receiving parents legal parental status and responsibility. It also ends the legal parental ​status of the surrogate and any other person with parental responsibility.

The surrogate must register the birth of the child within ​21 days.

The surrogate must be registered as the birth Mother of the child.

One of the receiving parents may meet requirements to be registered as the child’s Father or Second Parent at birth. They should discuss this with the Office of the Superintendent Registrar.

Parents must inform the Office of the Superintendent Registrar that they are applying for a Parental Order when they register the birth of the child.​

​More detailed information can be found in Jersey’s Surrogacy Guidance.

Jersey Sur​rogacy Guidance

​Applying for a Parental Order​

The follow​ing must apply for the order to be granted:

• the child’s birth must be registered in Jersey by the surrogate and any Father or Second Parent
• the surrogate must have undergone fertility treatment, such as:
• in vitro fertilization (IVF)
• artificial insemination
• assisted reproduction
• the applicants or receiving parents must be over 18
• at least one receiving parent must be genetic parent to the child 
• joint applicants must be married, in a civil partnership, or in an enduring family relationship
• the child should be living with at least one of the receiving parents
• the surrogate cannot give consent until 6 weeks after the birth
• the application for Parental Order must have been made within 6 months of the child’s birth
• the Court must be satisfied that no money or benefit, other than reasonable expenses, has been given or received, unless authorised by the Court
• primary consideration will be given to the long-term best interests of the child
  
• if neither receiving parent is genetically parent to the child, they can't apply for a Parental Order. They can apply for an Adoption Order
  

Parenta​l O​​rder​ application documentation​

Applications made to Family Division of the Royal Court​ must the include documentation li​sted in the table below.

Appointing a Guardian

The Royal Court​ will appoint a Guardian ad Litem. This is a trained officer from the Jersey Family Court Advisory Service (JFCAS).

The Guardian’s role is to:

• represent the child’s best interests in the court process
• meet separately with the receiving parent or parents, and the surrogate
• understand the surrogacy arrangement, family circumstances, and who is caring for the child
• prepare a confidential report for the Court to help decide whether to grant the Parental Order​
  

Parental Order Hearing​

The Royal Court will set a date for the hearing. The receiving parent or parents must inform or serve notice to the surro​gate, any other person with parental responsibility, and anyone else the Court decides should be notified of the hearing date.

After the Parental Order is Granted​

The Superintendent Registrar will be served the Parental Order by the ​Court, and will register the Parental Order. Registration of a Parental Order is free of charge.​

A Parental Order Certificate will be issued to the receiving parent or parents.

The child’s original birth record will be sealed. The original birth certificate will no longer be valid​ and will be retained.

The new certificate becomes the official legal record of the child’s parent or parents​.

Recognition of Parental Orders granted before 24 November 2025

If you are the parent of a child born via surrogacy in Jersey before 24 November 2025, and were granted a Parental O​​rder by a court in England or Wales you should apply for a Recognition Order in Jersey.

Only a small number of existing children will be impacted.

If your child is born in Jersey via surrogacy after 24 November 2025​, you should apply directly for a Jersey Parental Order.

Applying for a Recognition Order

Contact the Family Division of the Royal Court to begin the application process for a Recognition Order.

You will need to complete an application form and provide the original copies of the UK parental order and supporting documents.

​If approved, the Superintendent Registrar will register the Recognition Order and issue a certificate to the parents. 

This certificate will show the original date of the UK Parental O​​​​rder and will be the main legal document confirming parental status in Jersey.​

Overseas surrogacy

Some parents may choose to use overseas surrogates. Overseas surrogacy arrangements may be legally complex and come with additional risks, costs, and delays, especially if these take place outside of the UK.

Specialist legal advice should be sought both in Jersey and in the country where the surrogacy takes place. There may be implications regarding nationality, parental status, and immigration.

Parents are strongly advised to plan for:

• travel and accommodation
• medical care and insurance
• legal documentation, including passports and visas
  

These should be planned well in advance of conception and birth. It may take several months after the child’s birth to obtain the necessary legal paperwork and correct permissions to return to Jersey.

Some overseas Parental Orders, such as those granted in England or Wales, can be recognised in Jersey if they are equivalent to a Jersey Parental Order.

If your overseas Parental Order is equivalent, you may be eligible for parental leave and parental benefits in Jersey

After you bring your child to Jersey​

Once you bring your child to live in Jersey, you must contact:

• Employment, Social Security, and Housing (ESSH) to register your child as a resident and check your eligibility for parental benefits
  
• Revenue Jersey to ensure any child tax allowances are accurately applied
  
• your GP and relevant health care providers to ensure your child receives relevant developmental health checks and vaccinations
  
• nursery or child-care providers, if required
  

Stepparents and parental responsibility 

Under Jersey law, stepparents do not have parental responsibility for their stepchild. A stepparent is someone married to or in a civil partnership with a child’s parent.​

The new law will allow stepparents to gain parental responsibility through a formal agreement, without needing to go to court, if:

• they are married to or in a civil partnership with the child’s parent
• everyone who already has parental responsibility for the child agrees
• the agreement must be​ made using the Parental Responsibility Agreement Form and sent to the  Family Division of the Royal Court for registration​
  

Making an a​greement

Before entering into an agreement, parents should:

• get legal advice about what it will mean for your family
• contact the Family Division of the Royal Court about making an application
• ensure everyone agrees to making an agreement. This includes the child’s parent or parents, anyone else with parental responsibility, and the stepparent. If one of the legal parents is not in agreement, an application may need to be made to the Court
  

Leg​al t​erminology

Key c​ontacts​

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