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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,...
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
The HFEA updated its Code of Practice guidance on surrogacy in October 2013 (following advice from NGA). Our article, published in Bionews in May 2013, explains the changes.
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 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
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 Scott's article, published by Gay Star News in December 2014, explains the case of Re X (2014) and how it has opened the door to late parental order applications
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
A mother and father through surrogacy separated shortly after the birth and missed the deadline to apply for a parental order. The court was unable to resolve their legal status, leaving the child a ward of the court and leaving the surrogate as the legal mother.
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.
The Human Fertilisation and Embryology Act 2008 deals with parenthood law in surrogacy cases. Sections 33 to 53 set out who are treated as the legal parents when a child is born. Section 54 sets out the rules on parental orders.
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