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04 September 2026
Issue: 8175 / Categories: Legal News , Family , Child law , International
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NLJ this week: Parenthood in waiting

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© Getty images
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework

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.

MOVERS & SHAKERS

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys appoints Justine Howard as General Counsel

Gibson Dunn—Suzanne Thomson

Gibson Dunn—Suzanne Thomson

Gibson Dunn further bolsters business restructuring and reorganization practice in London

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper expands international private wealth practice with new Singapore partner

NEWS
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
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