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Scrutiny report published on Children and Civil Status Law

Scrutiny

13 March 2024

The Children, Education and Home Affairs Panel has today (13 March) published its report on the Children and Civil Status (Amendments) (Jersey) Law 202-' (P.104/2023) (the 'draft Law'), which is due for debate in next week's States Meeting.

In reviewing the draft Law, which was lodged on 21st December 2023, the Panel considered its adequacy and anticipated impact, and has identified twenty-five findings and made seven recommendations.

The Panel has found that the draft Law will expand the range of family units in which individuals can be recognised as legal parents, without using adoption. The draft Law is bespoke to Jersey and will directly amend at 5 other pieces of Jersey legislation. The Panel notes that the draft Law would facilitate the acquisition of legal parent status and parental responsibility by a child's intended parents, including:

  • same-sex couples,
  • mixed-sex couples who conceive using donor sperm,
  • the parents of children born as a result of surrogacy.

The Panel was pleased to read that the draft Law will introduce provisions for surrogacy into Jersey Law and recommends that guidance is published about surrogacy when the law comes into force.

Deputy Catherine Curtis, Chair of the Panel, said:
"This draft Law represents a much-needed update and will make a big difference to many families on the Island, including those with same-sex parents and those who will use surrogacy or artificial insemination to extend their family in future. As a Panel, we have reviewed the draft Law very carefully and hope that our seven recommendations will be heeded."