Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
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.
I attended the Families Through Surrogacy conference in March and heard from a number of fantastic speakers about issues ranging from infertility to being a surrogate mother, having children through surrogacy, advising on surrogacy in England and abroad and obtaining a passport for your child.
The judgment in AB and CD and CT [2015] EWFC 12 (“AB and CD”) was given in February and provides a further of example of the court’s willingness to use its discretion to provide security for children born out of surrogacy arrangements.
A small step has been taken towards improving surrogacy laws for intended parents and protecting surrogate children in this country. Until recently, a six month time limit has been in place for parents to apply for a parental order in order to become the legal parents of a child in place of the surrogate mother. This requirement has long been criticised by surrogacy law specialists as there is no justification for an absolute deadline.
Recent media coverage of the Baby Gammy surrogacy case in Thailand has, once again, put commercial surrogacy at the forefront of public debate. In relation to that, I have seen countless articles and listened to radio programmes highlighting the pitfalls of surrogacy and the law in the UK. Many of the reports on the law here have been incorrect; it is a widely stated myth that payments to a surrogate are illegal in the UK, which isn’t true.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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