A parental order, and a family law hero

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March 15, 2018 0 comments

family law

Any judgment mentioning the wonderfully named Sir Cresswell Cresswell, the first ‘Judge Ordinary’ of the Court for Divorce and Matrimonial Causes (more of whom in a moment), has to be noteworthy. And so it is with the judgment of the President of the Family Division Sir James Munby in Re X (A Child : foreign…

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First government advice on surrogacy

March 1, 2018 0 comments

family law

The government has published official guidance for the first time on the use of surrogacy by would-be parents. The Surrogacy Pathway, from the Department of Health, recommends the use of clear written agreements to formalise the relationship between the would-be parents and the surrogate mother. Informal agreements pose certain risks, it states. The guide also…

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High Court considers costs in surrogacy dispute

January 24, 2018 0 comments

surrogacy

The circumstances surrounding an application for costs in a surrogacy dispute must be considered, a Family Court Judge has ruled. The surrogacy arrangement had been made by a former same sex couple. The resulting child, a daughter, was born in the United States and now lives in New York with her biological father, ‘Y’. His…

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‘Reform surrogacy laws’ says four-time surrogate mother

January 19, 2018 0 comments

surrogacy

A veteran surrogate mother has called for reform of Britain’s aging surrogacy laws. Under the Surrogacy Arrangements Act 1985, surrogate mothers automatically receive the legal status of parents to the children they carry, even if (as in most cases) they have no genetic relationship to them. Despite being no relation, the mother’s partner or spouse…

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High Court unable to rule on parentage of surrogate baby

January 2, 2018 1 comment

surrogacy

A man living in London cannot be declared the legal parent of a toddler born to surrogacy, the High Court has ruled. The case concerned a former same sex couple whose marriage had broken down. While still together they had commissioned a child from a surrogate mother in the United States. The resulting daughter was…

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Law Commission to examine surrogacy law

December 18, 2017 1 comment

The Law Commission is to examine the current law on surrogacy in England and Wales. The Commission was established in 1965 to keep English law under ongoing review and to recommend reform where necessary. It undertakes regular ‘programmes of law reform’ in which the commissioners consult on which areas to examine next, and then submit…

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MPs consult on surrogacy law change

December 8, 2017 1 comment

family law

A government committee has launched a consultation on changes to surrogacy laws which would allow single people to become parents. Section 54 of the Human Fertilisation and Embryology Act 2008 is the applicable legislation. Currently this states that anyone applying for a parental order to transfer the status of parents from the surrogate mother to…

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