International surrogacy

English surrogacy law is particularly complex if you enter into a surrogacy arrangement abroad. There is no international unification of surrogacy law and English law will not automatically recognise a foreign birth certificate naming intended parents as the parent/s. There are many potential legal pitfalls to avoid to ensure that your child is not left stranded in your foreign destination country and that you have the appropriate legal status to care for your child in the UK.

I am internationally recognised as a leading expert in international and UK surrogacy law.  I have litigated landmark English High Court surrogacy cases JP v LP & Ors 2014, Re C 2013, Re: IJ (a Child) 2011, Re L (a minor) 2010 and Re X and Y (foreign surrogacy) 2008. I have advised people at all stages of the process on an international scale and I can provide invaluable help and support for your family no matter where in the world you conceive through surrogacy.

You will need to grapple with all the relevant English legal issues associated with an international surrogacy arrangement including:

  1. Travelling home safely to the UK with your surrogate born child after the birth;
  2. What legal status you will initially have for your surrogate born child in the UK and any available interim legal measures available pending a parental order;
  3. The criteria and process for applying for a parental order (and/or any other appropriate legal status) in the English court.

If you would like more information about the English legal issues surrounding international surrogacy, or you would like to discuss your situation in more detail, please  contact me  by email louisa.ghevaert@michelmores.com or by telephone +44 (0)207 7886382.  You can also learn more about surrogacy law in the UK and internationally, children and parenting, family law and disputes and fertility law at Michelmores’ specialist website www.michelmores.com/what-we-do/services/fertility-law.