Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
7 January 2019
A positive start to the New Year: Remedial Order permitting single applicants to apply for Parental Orders now in force
As the world woke groggily from their festive slumber and thought tentatively about returning to work on Thursday 3rd January, an important and transformative step was being taken as the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (the “Remedial Order”) was finally brought into force permitting single applicants to apply for Parental Orders in respect of their biological children born through surrogacy.
8 November 2018
Pressing pause on parenthood – when relationship breakdown affects consent to storage and use of embryos
Our first ‘pressing pause on parenthood’ blog discussed the reported increase in women looking at preserving their fertility using methods such as egg freezing. As part of our blog series looking at fertility and alternative ways of conceiving, we highlight below some further key issues which we encourage prospective parents to discuss with their clinic and families before making hugely important decisions about having a family.
15 May 2018
Surrogacy and Parental Orders for single parents - the ‘non-urgent’ road to change
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.
10 April 2018
International surrogacy - the legal challenges for US nationals bringing a surrogate child to the UK
Surrogacy as a way of having a family is often talked about more openly in the US than in the UK. As a consequence, people’s knowledge and understanding of the process differ greatly. In some US States, such as California, surrogacy is a mature industry in which surrogacy arrangements are well regulated and contracts (where a surrogate agrees to carry a child for intended parents for payment) are enforceable. However, documents or agreements which purport to be a surrogacy contract are not enforceable in the UK.
17 August 2017
Parenthood and surrogacy developments in France
Unlike the “halfway house” position in the UK, all forms of surrogacy are strictly forbidden in France. A contract between a surrogate and the intended parents is void and there are criminal consequences. Any intermediary (e.g. agencies, doctors and clinics) would also be committing a criminal offence and the penalty is doubled if they are acting on a commercial basis.