header-logo header-logo

04 September 2026
Issue: 8175 / Categories: Legal News , Family , Child law , International
printer mail-detail

NLJ this week: Parenthood in waiting

258067
© 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

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
back-to-top-scroll