Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
Since May 2016, prospective single applicants for Parental Orders for surrogate children have waited with bated breath for the change in the law that permits them to make their applications, independent of their relationship status. At the end of last year, it was announced that a remedial order to the Human Fertilisation and Embryology Act 2008 (HFEA) had been placed before Parliament. However, five months have now passed and the question remains whether we are any closer to change.
In a case involving a Parental Order (“PO”) application earlier this year, X (A Child) [2018] EWFC 15, which involved the surrogate child of a married couple in a platonic relationship, the President of the Family Division, Sir James Munby, again showed the flexibility the court is, sensibly, willing to give when making important decisions about the legal status of a child within its family.
Last night we saw the first of a six part series which focuses on the world of divorce. It is a drama; they use dramatic license to make the show interesting, appealing to the public and to fit into six parts. The show is the first of its kind in this country and it is exciting to see our profession featured in a high profile drama which will provide a platform for family law issues to be discussed. I hope The Split will also give us the opportunity to share our advice, thoughts and experiences from inside the profession.
Occasionally, as a family solicitor, I come across a case that makes me despair. Thankfully, it’s rare but that feeling overwhelmed me when I read the child contact case of Q and R (Intractable contact). Before I explain why, I must be clear that this piece does not intend to direct any criticism at the learned judge or the majority of the professionals who ably assisted her. Reading through the judgment it is clear that the judge was faced with an impossible dilemma:
At the beginning of December, we received the welcome news that a remedial order, amending the Human Fertilisation and Embryology Act 2008 (HFEA), is being laid before Parliament. The impact of the order, when it comes into effect next year, will be to allow single parents in the UK to apply for a Parental Order for their child born through surrogacy.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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