Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
When a relationship breaks down there is often a discussion about whether the children will live with one parent or the other. While we are in an age of 'shared parenting', the reality is that this does not normally mean that children live with each parent 50% of the time. The age of the children, distance between homes or work commitments may simply make that unworkable. While it might be an outdated term, this means that one parent usually has 'primary care'.
In the UK, surrogacy contracts, i.e. a contract providing for the surrogate mother to give the child or children she is carrying to the commissioning parents, are unenforceable. If the surrogate mother changes her mind, even if she has no biological connection with the child, she retains all the legal rights and duties in relation to them, rather than the commissioning parents.
Les récentes décisions prises dans les affaires de divorce « Sharland » et « Gohil » par la Cour Suprême de Londres en octobre 2015 montrent qu’il existe de larges différences de pouvoirs entre l’Angleterre et la France en matière de divulgation patrimoniale.
In this blog, family and immigration law specialists Connie Atkinson and Katie Newbury reflect on the recent judgment in a surrogacy case, Re Z (Foreign Surrogacy: Allocation of Work: Guidance on Parental Order Reports), which is likely to impact future surrogacy cases involving immigration issues and cases where children are unable to return to England immediately following their birth. The case also highlights the importance of seeking advice early in cases where parents have a child abroad following an international surrogacy arrangement.
The recent divorce cases of Sharland and Gohil, which were decided in the Supreme Court in London in October 2015, demonstrate the significant differences in financial disclosure powers between England and France.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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