Parental Orders – Surrogacy and Same Sex Parents

The law, in England and Wales which governs surrogacy, is the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 2008.

Where a child is born via surrogacy, the surrogate is recognised as the mother. If the surrogate is married, then her husband would be considered the Father. If not married, then the biological father would be deemed the Father; whilst not necessarily acquiring Parental Responsibility.

In order to become legal parents the intended parents must make an application to the Court for a Parental Order. A Parental Order effectively legally reassigns parental rights and responsibilities to same sex couples.

Legal advice should be sought at the earliest opportunity in respect of an application for a Parental Order as complications can arise.

For example, if a Parental Order is not obtained, then those who intend to be the child’s parents would not be the child’s legal parents.

In the absence of a Parental Order, those intending to be the child’s parents would have no Parental responsibility for the child.

In the absence of Parental responsibility, the intended parents would be unable to make those important decisions parents make, such as those relating to medical care and education.

How do you apply for a parental order?

In order to be able to apply for a Parental Order the intended parents must pass certain criteria

1. The applicant or applicants must be either married or in a civil partnership or an enduring family relationship.
2. At least one of the parents must be biologically related to the child
3. The Application must be made within 6 months of the child’s birth
4. The Surrogate must agree with the application unconditionally and provided consent at least 6 weeks following the birth of the child

We provide advice and support when looking to obtain a Parental Order

If you require advice and support in respect of an application for a Parental Order then please do not hesitate to contact the Family Law Team at Browell Smith & Co.

Law is not a game- the importance of seeking legal advice

A High Court judge in Civil Litigation Proceedings recently urged litigants in person to seek legal advice after they made a number of procedural mistakes stating “The law is not a game and it involves both emotional and financial costs”.

Family Law usually involves the most important decisions that can be made about your future- arrangements for your children, decisions on housing, income, and investments.

It is tempting, especially in the current financial climate to save money on legal fees, to research online, and to represent yourself.

There are many benefits to seeking legal advice and many risks in not doing so.

Instructing a family law solicitor could save you costs in the long term

Seeking legal advice at the outset to consider your options and the best way to present your case can save costs in the longer term and result in a more favourable and quicker settlement.  Family solicitors are skilled negotiators, with experience and training to ask relevant questions and identify key issues. Court is a last resort, whilst reaching an agreement through negotiation saves both time and costs.

Our aim is to achieve the best outcome for you and your family

The breakdown of a relationship is an emotional time. You are unlikely to be best placed to objectively present your own case.  A solicitor will work with you, discuss your concerns, advise you, draw out the relevant points to achieve the best outcome for you and your family and then present your case to the other party and if necessary to the court.

There are rules and procedures that must be followed

Law is complex and constantly evolving.  There are rules and procedures that must be followed. Failure to do so can result in costs orders being made or a key point may be missed that affects the outcome. Information found online is not always accurate.  A specialist family solicitor will be able to advise you on the current law and any recent changes to procedures.

Contact our Family Law team

If you need advice or assistance in respect of the above then please do not hesitate to contact the specialist Family Law team here at Browell Smith & Co.

I’ve received a letter from my estranged husband or wife’s solicitor. What do I do next?

Reading a solicitor’s letter for the first time can be difficult. It will bring up a range of emotions, uncertainty about the future, confusion over the legal terms used, anger that you do not agree with what has been written. It may also bring a realisation that the marriage has come to an end after what may be weeks of talking or it may be a total shock.

Do not ignore the letter

This will not make the situation go away and will only result in further letters being sent.   If you do not engage with the process there is also the risk of family court proceedings being issued.  When a marriage has broken down decisions need to be made.  There are financial decisions such as what will happen to the house, savings and pensions along with what income will each person have. There are also decisions about where the children will live and what time they will spend with each parent.

Do not reply immediately to the solicitor or to your spouse in the heat of the moment

It is tempting to email or phone your spouse’s solicitor to tell them your side of the story but it is important to take time to consider your response and the key points you should make.

Do seek your own legal advice

This is important so that you can get advice on the issues raised, advice on the options for the future and on the best way to respond. Your solicitor can also respond on your behalf.

Do take the opportunity to engage with the process

A negotiated settlement where both parties have input into the decisions made about their own future is preferable for the parties and in particular, any children rather than a Judge in a Court deciding what should happen.

How can Browells help?

The Family Team at Browell’s can assist you with all aspects of family breakdown. If you require advice and assistance then please contact our Family Team on 0191 691 3418 or by email at family@browells.co.uk.