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21 June 2024

Surrogacy – why legal advice is essential

Sarah Williams, expert modern family lawyer at Payne Hicks Beach, was asked by Tatler to comment on the need for intended parents to take legal advice before embarking on the process of surrogacy in the UK or abroad.

Sarah says “There can be a misconception, particularly if intended parents embark on a commercial surrogacy arrangement abroad and are in possession of a foreign parentage order and birth certificate naming them as parents to their surrogate born child that these foreign official documents will be recognised at home, but that is absolutely not the case. There is no international treaty recognising foreign Parentage Orders. To establish legal parentage in England and Wales they will need to apply for a Parental Order. Unless and until they obtain a Parental Order, they may need to involve the surrogate in decisions concerning their child’s health, welfare, education and even leaving the jurisdiction for holidays”.

To read the full article in Tatler, published on 20 June 2024, click on the following link https://www.tatler.com/article/importance-of-surrogacy-lawyers

Sarah is a highly experienced and respected modern family lawyer advising on fertility, surrogacy, adoption and issues concerning gender.

For further information, please contact Sarah Williams, Partner and Head of Modern Family Law  or, alternatively, telephone on 020 7465 4300.

To learn more about Modern Family Law visit our dedicated webpage and download a free copy of our Essential Guide to Modern Family here.

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Sarah Williams
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