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      FJG Solicitors in Essex, Colchester, Chelmsford, London – Fisher Jones Greenwood
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      Considering an international surrogacy arrangement?

      5 September 2014 by Marketing Team

      FJG Marketing
      Surrogacy

      Recent case law has highlighted the importance of parties seeking independent legal advice before entering into a surrogacy arrangement.

      The recent case of CC & DD (2014) saw the Court issue a stark reminder to parties entering into an international surrogacy agreement.

      In this case the Father was the biological Father. His Wife, the Mother, had obtained an Adoption Order in the USA. The issue was the effect of the Adoption Order made in the USA on the parent’s Application for a Parental Order here.

      In considering the parent’s Application, the Court had to consider the implications of Section 83 of the Adoption and Children Act 2002 which places a restriction on individuals who are habitually resident in the British Isles bringing a child into the jurisdiction where the child is habitually resident elsewhere for the purpose of adoption.

      In this case, the Court found no breach of Section 83 as the parents were not habitually resident in this jurisdiction.

      In giving his Judgement, Theis J commented on the “legal complexities in this area of law” and highlighted the need and importance for persons entering into international surrogacy arrangements to obtain legal advice both here and in the jurisdiction where the arrangement is taking place.

      The Judge also commented that cases of this nature are “fact sensitive” and “need to be carefully considered”.

      It is important to seek advice in both jurisdictions when considering an international surrogacy arrangement.

      Further advice in relation to surrogacy can be found here. If you have any questions regarding the law relating to surrogacy, please contact one of our Fertility Law and Parenting Specialists.

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      Fisher Jones Greenwood is the trading name of Fisher Jones Greenwood LLP, a Limited Liability Partnership authorised and regulated by the Solicitors Regulation Authority and registered in England ( Number: OC305854 ). A list of members is available for inspection at the registered office at Charter Court, Newcomen Way, Colchester Business Park, Colchester, Essex CO4 9YA

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      We are welcoming clients back to our offices

      Differing tiers and three lockdowns later, Fisher Jones Greenwood Solicitors are now pleased to be able to welcome clients safely back to our offices.

      Remote working and the digitalisation of the way we work, have been key to keeping FJG and the rest of the country going.

      • We are now able to offer, pre-booked face-to-face appointments. Although, we are still able to offer remote appointments if preferred.
      • You can continue to visit our offices at any time to post any correspondence and documents through letterboxes.

      If you are visiting an FJG office, covid-19 safety rules of social distancing, hand sanitization, and the wearing of masks will still apply.

      • Please be aware you will also need to have your temperature taken on arrival.
      • There will also be protective screens in place to protect you and our staff.

      Please do not hesitate to contact your legal adviser by email or by telephone should you have any worries or concerns. Alternatively, please call our main switchboard number (01206 835300), and a message to return your call will be relayed to the relevant person.

      Best wishes
      Paula Cameron
      Managing Partner