If you have had a child via assisted reproduction, it may still be necessary to take legal steps to ensure that your rights are protected. You may need to apply for a parental order for a surrogate child, or to secure the rights of your child to come and live in the UK. You may also need advice about your child’s relationship to your spouse or partner, or if some dispute or complication has arisen during the reproduction process.
Whatever issue you are facing, prompt and comprehensive advice will help your situation. Assisted reproduction can lead to a range of complex issues, spanning fertility law and more traditional family law subjects. Whether your issue is with a donor, a clinic, or somebody else, we can help.
As a top family law firm, incorporating world-leading expertise in fertility and family law, Vardags can help you steer you through any legal issues arising in assisted reproduction.
We have helped a range of couples and individuals in all manner of circumstances, providing advice and representation following the birth of a child. We are known for our ground-breaking approach to the law, and are not afraid to push the law forward. We will help you in whatever assisted reproduction related dispute you find yourself in, helping you to secure the best future for yourself and your family.
Under UK Surrogacy law, legal parenthood and parental responsibility for a surrogate born child initially fall on to the surrogate and her spouse. As an intended parent, you must therefore apply for a parental order to reassign this legal status from the surrogate and her spouse to yourself and to extinguish all of the legal status of the surrogate and spouse. This is the bespoke legal solution for surrogacy in the UK.
Surrogacy raises complex questions about British nationality and immigration law. UK immigration law applies to those who are resident in the UK, regardless of whether they are British citizens, EEA nationals or permanently resident in the UK. There are various ways a surrogate born child can obtain British nationality and a British passport to include: by birth, by descent, registration as a British citizen, upon the grant of a parental order in certain circumstances.
There are no international agreements governing surrogacy arrangements. This creates international conflicts of law and a legal patchwork effect around the world which can be compounded when intended parents and families formed through surrogacy have an international lifestyle or multi-jurisdictional aspects to their personal and/or professional situations.English law applies its own law on surrogacy and does not automatically recognize foreign parentage orders or foreign birth certificates naming intended parents as the parents of their surrogate born children. This can make a surrogate born child ‘stateless and parentless’ without recognised legal parents and status in a country.
We offer a free consultation to qualifying individuals. Please call our confidential enquiry line on 020 7404 9390. Lines are staffed 24 hours.
When you contact us a member of our client relations team will take the full details of your situation, assess whether we can assist you, and if so, determine the best team for your case.
Vardags is one of the UK’s leading divorce law firms. We specialise in complex, high net worth and international cases. The Legal 500 has said of Vardags: “The team is noted for its sheer intellect”
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Vardags is a top law firm with a trailblazing fertility and surrogacy department. We have had success with some of the most groundbreaking cases of the last decade in the High Court, Court of Appeal, and Supreme Court, with rulings that have changed the law. Vardags remains at the cutting edge of fertility law, pushing for further improvement of the outdated legislation in place in Britain.
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Vardags' wills and trusts team has the specific expertise to cater to the wills and trusts needs of high-net-worth and high-profile individuals. Richard Todd QC, Leading Counsel for Yasmin Prest said of Vardags: “a note to acknowledge your firm’s pivotal role in achieving such an outstanding result in the recent Supreme Court case of Petrodel v Prest”.