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Many parents cross borders for surrogacy, sometimes due to personal connections but more often to access professional surrogacy services. The most established international surrogacy destinations are the USA (California and Illinois being among the most well-known states for surrogacy, but with many other states also supporting surrogacy), the Ukraine and Georgia. Canada is a possible option, although it only allows unpaid surrogacy and restricts brokering by third parties. As...
Often the first questions UK parents ask about international surrogacy are 'how do I bring my child home to the UK?' and 'how long will I have to stay overseas after the birth?'. Whether a child will be a British citizen is also an important question. Getting home UK immigration and nationality law on surrogacy has grown up haphazardly, with pioneering parents creating a variety of paths for others to follow. It means that there is no single legal process, and the best an...
UK law on parenthood after surrogacy applies whether the child is born in the UK or elsewhere (and irrespective of any foreign court order or birth certificate which records the intended parents as the legal parents). The law at birth Under UK law, the woman who gives birth (the surrogate) is the legal mother. If the surrogate is married when she conceives, her husband is the legal father unless it is shown that he did not consent to the conception (although this is not easy to prove,...
Because UK law does not recognise the intended parents as the legal parents of their child from birth, there is a period of time during which the family is in legal limbo, even though the parents assume care of their child immediately from birth. Who can make decisions for the child during this time? The surrogate always has parental responsibility, giving her the authority to make decisions for the child. If she is married, her spouse shares parental responsibility with her. If she is u...
It is important to protect everyone involved in a surrogacy arrangement against the risk of one of the adults involved dying unexpectedly. Most intended parents pay for life insurance for their surrogate, to make sure that her family is financially protected if anything happens to her as a result of the pregnancy. All those involved in a surrogacy arrangement should also make or update their wills well in advance of the birth. The intended parents should: Provide for the payment of ex...
Natalie's article discusses the legal limbo period after a child is born through surrogacy and the need to apply for a parental order to rectify this
This article, written by Melissa Elsworth and Natalie Gamble, looks at Jessica Lee MP's proposals for a new system of UK surrogacy law
This printable NGA leaflet gives an overview of UK law for non-UK surrogates who are working with UK intended parents. US attorneys and other non-UK professional advisers may find this useful to give to surrogates being matched with UK intended parents.
This printable NGA leaflet gives an overview of how UK law works for parents conceiving through surrogacy in the USA.
This printable NGA leaflet gives an overview of UK law for non-UK professionals working with UK intended parents, including US attorneys and overseas surrogacy agencies.
Natalie wrote a feature for We Are Family magazine (winter 2013) celebrating the launch of Brilliant Beginnings and talking about the legal issues for gay men conceiving through surrogacy in the UK and abroad.
In response to the announcement that the Hague Conference was looking into whether to regulate international surrogacy, Natalie wrote a piece for International Family Law (published in September 2012) urging the Hague to understand the practical realities of surrogacy.
India is a popular surrogacy destination for UK parents. Our article, published in Bionews in June 2012, explains how things work in practice for UK parents going to India, including the lengthy immigration processes after the birth and the need to secure a parental order.
This piece for Family Law (published in February 2012) reports on the global assisted reproduction law conference in Las Vegas at which Natalie spoke in October 2011. It talks about the challenges of cross-border reproduction, and how things have evolved for UK parents engaging in international surrogacy and assisted reproduction.
After speaking at a global surrogacy conference in 2011, Natalie was asked to write this practical guide to UK surrogacy law for US attorneys, which was published in Family Law Quarterly in the USA in Spring 2012. It is relied on widely by US attorneys as an authoritative how-to manual for working with UK Assisted Reproductive Technology clients.
US surrogacy attorney Theresa Erickson was sent to prison for running a surrogacy scam which amounted to baby-selling. The case shocked many who had previously regarded the US as a 'safe' surrogacy destination. Our article about the story, published in Bionews in September 2011, explains what happened and why the case should not give surrogacy in the USA a bad name.
This article, published in Family Law in May 2011, explains the case of Re L (2010) (the case in which the High Court said that the welfare of the child overrode policy against commercial surrogacy) and its significance. The case attracted significant media interest as a legal milestone, and we represented the parents.
Our article, published in Bionews in May 2011, highlights the growing legal problems associated with international surrogacy arrangements and how the UK immigration authorities and family courts are responding.
More parents than ever before are crossing borders for fertility treatment involving egg donation and surrogacy. Natalie's article for charity Infertility Network UK's magazine (published winter 2010) summarises the legal issues for UK fertility patients considering treatment overseas.
Our article, published in UK journal International Family Law in November 2009, summarises UK policy and law on surrogacy, and looks at how the UK courts are dealing with situations where parents cross borders for surrogacy.
Our article, published in medical journal Reproductive Biomedicine in August 2009, explains the UK's approach to surrogacy, and how it is being tested in an increasingly globalised world.
This article, published in Family Law in March 2009, explains the case of Re X and Y (2008) (the very first UK case to ratify an overseas surrogacy arrangement) and its significance. It was co-written by Lucy Theis QC (now Mrs Justice Theis, the judge of the High Court responsible for deciding international surrogacy cases) with whom we represented the parents in the case.
Natalie Gamble is part of Jon Manel's program, finding out if the law is keeping pace with the increasing numbers of British couples who are having children using surrogate mothers, both in Britain and abroad.
This article for the Infertility Network UK magazine (published autumn 2008) explains to fertility patients how surrogacy law works, and the difficulties for parents.
Natalie was interviewed by Lexis Nexis about the significance of the Family Court President's decision in Re X (2014) to circumvent the six month mandatory deadline for parental order applications
This is the court form you will need to complete and send to the family court if you wish to apply for a parental order
This is the court form which is completed and signed by a surrogate (and her spouse) to confirm that they have been sent a copy of the parental order application
The FCO has issued guidance for UK parents on the different routes for obtaining travel documentation following the birth of a child through surrogacy overseas. The guidance also includes a letter from the British High Commission in Mumbai which UK parents need in order to apply for an Indian medical visa enabling them to travel to India to make a surrogacy arrangement.
This is the application form you will need if you are applying for a child born through international surrogacy to be registered as a British citizen.
This guidance published by the Child and Family Court Advisory and Support Service is the reference point for parental order reporters.
Gay rights charity Stonewall has produced a guide for gay dads starting a family. We were proud to help write the sections on surrogacy and co-parenting.
Nicola's article, published in Gay Star News, in August 2014 talks about the baby Gammy scandal and getting advice if you are planning surrogacy abroad
The High Court awarded parenthood after surrogacy to a British/French couple living in France, satisfied that the mother had an English domicile. Also considered the impact of an adoption application made in the USA which might breach UK adoption law.
The High Court extended the 6 month deadline for applying for a parental order for a UK couple with a child through surrogacy in India
In the UK's first Russian surrogacy case, a British couple (a woman in her mid-sixties and a man in his 40s) initially applied for a British passport without disclosing the surrogacy context before making a proper application for British nationality registration. The court was satisfied that the mother's age and the incorrect initial immigration application should not prevent the making of a parental order in their favour. We acted for the parents in this case.
A British gay couple were matched with a Californian surrogate by the British Surrogacy Centre. The UK court agreed to authorise the highest ever payment for overseas surrogacy ($56,750 plus surrogate's expenses) and the decision was published to send a message 'loud and clear' that parents through US surrogacy need a parental order. It also highlighted criminal restrictions in the Surrogacy Arrangements Act 1985 and a copy of the judgement was sent to the relevant authorities to investigate.
A non-British gay couple with a son born through surrogacy in India was granted a parental order. The court decided that, despite having settled recently in the UK, the couple had formed sufficient intention to make the UK their permanent home and were 'domiciled' in the UK. We acted for the parents in this case.
A UK same-sex couple was awarded a parental order without the consent of the Indian surrogate mother after she disappeared. This was the first time a parental order had ever been granted without the surrogate's consent, and Mr Justice Baker set out the limited circumstances in which the court could dispense with consent if the surrogate could not be found. We acted for the parents in this case.
A British couple encountered legal and immigration difficulties after conceiving with a married surrogate in the Ukraine. The court made a parental order, and published its decision to highlight the continuing lack of information for parents in international surrogacy cases. We acted for the parents in this case.
A British couple engaged a US surrogate mother in Illinois. Building on the previous guidance in Re X and Y (2008) and Re S (2009), this was the case in which the High Court said that the child's welfare should be the court's 'paramount consideration' and that a parental order should be denied only if the case was one of the 'clearest abuse of public policy'. The case attracted significant media interest, as it gave permission to commercial surrogacy
A British couple engaged a surrogate mother in California who was paid a commercial sum of $23,000. In the second UK court decision authorising an international surrogacy arrangement, the UK court expanded on its thinking in Re X and Y (2008), made clear that the Californian court order on parentage was not recognised and set out further guidance about the approach the court should take.
A conflict between Ukrainian and UK law over parenthood meant that twins born through surrogacy to a British couple in the Ukraine were 'stateless and parentless'. In the very first UK court decision authorising an international surrogacy arrangement, the UK court made a parental order, authorised the payments made, and set out the approach the court should take to international surrogacy. Our team (whilst at a previous law firm) acted for the parents in this case.
A Turkish couple had a child through surrogacy in the UK, having been matched with a surrogate mother by UK agency COTS. The court could not make a parental order because neither of the parents was 'domiciled' in the UK. The case also includes comments on the legal position of surrogate's husbands, and the need to regulate UK surrogacy agencies.
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