Writing in NLJ this week, Liza Gatrell of Stowe Family Law explains that the surrogate remains the legal mother at birth, surrogacy agreements are unenforceable and intended parents require a parental order. Overseas birth certificates and court orders naming them as parents are not recognised in the UK, while questions of citizenship can delay returning home.
In A and another v C and another, Williams J considered retrospective payments in nine international cases and confirmed that, where the child’s welfare is paramount, ‘public policy is not a relevant consideration’. Courts will nevertheless scrutinise arrangements for exploitation and good faith.
Law Commission proposals would create a regulated UK pathway recognising intended parents from birth, supported by legal advice, counselling and welfare checks, but international arrangements would remain outside it. Until reform arrives, specialist advice in both jurisdictions is essential.
