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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