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Partner and Head of Family Law, Rugby
Fertility experts, surrogacy experts, fostering & adoption experts, legal experts, community networks, parents and celebrities all sharing their experiences under one roof for one day. The day consisted of exhibitors, seminars, networking and 1-2-1 sessions.
It really was a truly positive, friendly and informative show to help people choose the path right for them to start their family.
Like the other experts at the show, Brethertons was happy to share their advice on the legal side of surrogacy and adoption. If you missed the show and didn’t manage to pick up one of our factsheets, here’s what you need to know.
Under English law, the surrogate mother is the legal parent, even if there is no genetic link to the child. If she is married, then her husband or civil partner is regarded as the second parent of the child. It is important that an application for a Parental Order is made so that you are recognised as the child’s legal parents and have parental responsibility for the child.
Commercial surrogacy in England is illegal. The surrogate mother is only allowed to be paid expenses related to having the baby. If you are thinking of or have entered into a surrogacy arrangement abroad, it is extremely important that you take legal advice in that country as well as in England.
In order to adopt a child in the UK you must contact your Local Authority or an Adoption Agency who will interview you then put you through a rigorous assessment process. If you pass and are matched with a child, you can apply to the Court for an Adoption Order, after your child has been living with you for ten weeks. The order removes parental responsibility from the child’s birth parents and gives it to you, which means you are the child’s legal parents.
Of course there are many more legal aspects and steps to both surrogacy and adoption. To chat about the options available to you and to request a full factsheet get in touch with Kim Lehal on 01295 661551 or at firstname.lastname@example.org.