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Same sex Parenting Following the landmark changes to same sex marriages, it is reasonable to assume there will be more and more same sex couples who will want to start a family of their own. Following changes introduced by the Human Fertilisation and Embryology Act 2008, same-sex couples can now become equal legal parents of children they conceive together or conceive through a surrogate. It does appear that it is easier for gay women to become legal parents than it is for gay men but this is presumably down to the fact that usually one party has actually given birth. 32 There are different options open to same sex couples in becoming a ‘parent’ but the most favourable option is usually that of surrogacy. Surrogacy is the process by which a child is carried through pregnancy by a woman who has entered into an arrangement made before she started to carry the child with the intention that, at birth, the child and parental responsibility for it will be transferred to another couple and that those persons will become the legal parents of the child. A surrogate mother will carry the child and the commissioning parents will be the couple who enter into the agreement with the intention that the mother will relinquish her rights and they will become the child’s legal parents. The surrogate mother will remain the child’s legal parent until such other order is made by the Court. If the surrogate mother is married her husband will also legally become the child’s father. The permanent transfer of legal parenthood and Parental Responsibility to the commissioning parents can only be brought about by the making of an Adoption Order or a ‘Parental Order’ under section 54 of the HFEA 2008. Same sex couples may apply to the Court within six months of their child’s birth for a Parental Order. Such an order, if successful, will relinquish the rights of the birth mother and allow both fathers full parental status. The child will be awarded a new birth certificate confirming both fathers names as ‘parent 1’ and ‘parent 2’, as opposed to Mother and Father. Though, there are strict protocols in place for making such an application, as follows; •  he same sex couple must be in a civil T partnership; •  he Applicants must be 18 years of T age; The Court must be provided with the child’s birth certificate and proof of the genetic link between at least one of the commissioning parents (by way of a DNA test) as one of the commissioning parents must have provided the genetics to create the embryo. An arrangement w here donor eggs and sperm have been used will not be permitted; •  he child must be living with the T commissioning parents at the time of the application being made; •  ne Applicant at least should be O domiciled in the UK; •  nd, any application must be made A within six months of the child’s birth. Whilst the above list of conditions are very strict and must be satisfied,