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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
Same-sex marriage may now be legal, but surrogacy remains a legal minefield in the UK. Surrogacy is an increasingly popular route to parenthood for gay couples, enabling them to have a child genetically connected to one of them. UK based couples should, however, be fully aware of the legal implications (at home and abroad) before embarking on the surrogacy journey.
Domicile is a tricky and fascinating concept because it is so fact-specific that no two cases are the same. It is usually relevant to people making Wills or administering Estates because where you are domiciled when you die depends on where you pay tax and some jurisdictions tax harder than others.
A recent High Court surrogacy case is a cautionary tale for couples entering into informal surrogacy arrangements. Mrs Justice King in the reported case of JP v LP, SP and CP [2014] EWHC 595 warns of the serious legal and practical difficulties of surrogacy in the UK.
In the absence of harmonised rules, the difference in worldwide approach will continue to cause legal confusion and complication as surrogacy becomes commonplace, say Claire Wood and Katie Newbury.
Dealing with the relocation of children to another country in situations of family breakdown can be highly complex and challenging – and in most cases, there is no win-win situation for any party involved. The very recent High Court decision in the case of CB v CB [2013] EWHC 2092 shows this. This involved a dispute between an Australian-British dual citizen mother and a British father. Their son, aged 14, had stayed with his father in England after a Christmas visit. This followed a two year period where the mother had relocated to Australia with the child to live on a short-term basis, with the father's permission.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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