Couple win parental order for child born in Russia to surrogate mother
In Re C, the child had been conceived via in vitro fertilisation using sperm from one of the couple and eggs from an anonymous donor. The surrogate mother was a married Russian. The couple were present at the child’s birth in Moscow, and had cared for the boy ever since. Before the couple brought the child back to the UK, they were registered on his birth certificate with the birth mother’s consent, thereby becoming his legal parents under Russian law.
Back in the UK, the couple applied for a ‘parental order’, granting them the legal status of parents in this country. They were successful, Mrs Justice Theis concluding that the child’s best interests lay in a secure lifelong the couple who were already his de facto parents – they had already secured a residence order, allowing the child to live with them. Without a parental order, the child would be left in a ‘legal vacuum’.
Image by EzykronHD via Wikipedia under a Creative Commons licence
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Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.
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