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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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