Surrogacy

However you create your family – surrogacy, assisted reproduction, donor conception, co-parenting or adoption – legal advice is essential to make sure you get things right.

Having a child, or helping others to do so, is one of the biggest decisions you will make in your life. Whether you are planning to use surrogacy, assisted reproduction, donor conception, co-parenting or adoption, it's important to understand the legal issues.

We can guide you through the law at whatever stage of the process you are at, supporting you in creating and protecting your family.  

We can help you with any legal process needed to ensure your family is legally recognised, including adoption applications, declarations of parentage and parental orders after surrogacy as well as dealing with immigration concerns.

Our lawyers

Not only do our lawyers have an in-depth knowledge of the law, but our solution-focused approach is ideally suited to an area of law that regularly throws up novel situations.

Our experience

We are one of only a few firms who are able to offer a fully joined-up service for those needing legal advice before or after fertility treatment and our lawyers have a growing national reputation for dealing with unusual or untested situations. Some recent examples include: 

  • Advising intended parents on an application for a parental order following an international surrogacy arrangement where there were issues relating to the intended parents’ domicile and expenses paid to the surrogate.  
  • Using a collaborative approach to advise co-parents on legal parentage.
  • Advising a parent in an application for a declaration of parentage where novel issues around consent and legal parentage arose, leading the Secretary of State for Health to intervene in the proceedings.
  • Advising a fertility clinic in a group action case involving declarations of parentage.
  • Representing the surrogate mother in a case where the relationship between the intended parents had broken down during the pregnancy and the intended mother could not apply for a parental order, leaving the surrogate as a legal parent. This case has led to a change in the law allowing single applicants to apply for parental orders. 

Our clients

Working closely with our colleagues in healthcare and immigration, we have supported a wide variety of clients across the full spectrum of fertility treatments. These include:

  • Individuals, couples and co-parents looking to start a family or where an arrangement has gone wrong
  • Donors
  • Surrogates 
  • International families
  • NHS trusts
  • Private fertility clinics

Legal resources you may find useful

www.divorce.co.uk 
Our dedicated site for divorcing couples provides a wealth of information to help support you and your family through separation and divorce. 

www.cohabitation-law.co.uk 
Our innovative site aimed at unmarried couples provides a wide range of free advice from buying a property together to dealing with separation. 

Did you know?

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