Couple win parental order for child born in Russia to surrogate mother

matrA married British couple have been declared the legal parents of  child born in Russia to a surrogate mother.

In Re Cthe 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

Marilyn Stowe

The senior partner at Stowe Family Law, Marilyn Stowe is one of Britain’s best known divorce lawyers with clients throughout the country, in Europe, the Far East and the USA.

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