On Thursday 6 June, the Law Commission released their consultation paper on surrogacy reform, to better support the child, surrogates and intended parents.
UK Surrogacy, and the complex law that surrounds it, is a rapidly developing area of family law in the UK.
"Commissioning parents" who are choosing to plan and create their families through this form of assisted reproduction are faced with an often ambiguous and challenging legal framework which they need to navigate successfully to ensure that they are recognised as the legal parent of any child born through surrogacy.
Whether a child is born in the UK or abroad (and irrespective of any foreign court order or birth certificate recording the intended parents as the legal parents) it is vital that commissioning parents who live in England take the most appropriate legal route to parenthood to secure legal status and parenthood for the child under English law. Without an appropriate order, the woman that gives birth to the child will be the legal mother and, under English law, will continue to have parental responsibility for that child irrespective of orders made abroad.
Obtaining expert advice in advance of starting a family through surrogacy is crucial. Whether it is your intention to enter into a surrogacy arrangement in the UK or abroad, our expert team will be able to advise you on all aspects of the arrangement, pre-conception considerations and post-birth orders.
Our expert team at Clarion would always advise commissioning parents and surrogates to take advice on UK surrogacy law before the conception of any child, particularly if this is likely to involve an international agreement and a surrogate, sperm or egg donor from abroad.
We can provide advice and help with the following:
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