News and Insights

The Children and Civil Status Amendment Rules 2005 have been introduced to improve recognition of same-sex parents and parents whose children are conceived through fertility treatment or surrogacy. This new law came into force in Jersey on 24 November 2025. 
 
Below is a short summary of how the law is changing:

• If the birth mother uses donor sperm, both parents can be jointly registered on the birth certificate if they are married, in a civil partnership, or had fertility treatment together at a regulated fertility clinic in the UK (“UK clinic”) or Jersey Assisted Reproduction Unit (“ARU”).
• Fathers and Second Parents (the female partner of the birth mother or a female who consents to joint fertility treatment with the birth mother) can gain legal parental status through joint consent to treatment and being named on the birth certificate.
• If you had donor-assisted fertility treatment before 24 November 2025, you can re-register your child’s birth to add both parents if no other parent is listed, you have not already adopted the child, you were married or in a partnership at conception and had treatment at a UK clinic or the ARU.
• If your child is born in Jersey through a surrogate, you can become legal parents through a Court issued Parental Order (an Order made by the Corut that transfers parenthood from the surrogate to the receiving parents). Older Orders from England or Wales can be recognised in Jersey.
• Children will no longer be classified as “legitimate” or “illegitimate”, and a mother’s husband is no longer automatically assumed to be the father. Paternity records can be corrected with DNA evidence.
• Stepparents can now gain parental responsibility through a formal agreement, without going to Court.
• Two parents must register the birth together if both are to be named on the birth certificate. For surrogacy cases, a Parental Order is required before intended parents are added.
• Parents must have jointly consented to treatment (and not withdrawn consent) if unmarried, treatment must have taken place at a UK clinic or the ARU.
• Same sex female parents can re-register existing children if the child was born in Jersey before 24 November 2025, treatment was at a UK clinic, or the ARU and no other parent is already registered.
• You cannot re-register if you have already adopted the child, did not plan parenthood together, or did not use recognised fertility treatment. 

Should you wish to find out more information on the above, please get in touch with our team.