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At K J Smith Solicitors, our team are able to advise on all modern family issues including the law around various methods of assisted conception such as sperm and egg donation, IVF treatment and surrogacy arrangements.
The law around assisted conception and fertility treatment in the UK is highly regulated and often complex. Things can become considerably more complicated where an informal fertility treatment has taken place outside of a licensed clinic, and particularly where a surrogacy arrangement is involved.
Surrogacy agreements are not enforceable by the law in the UK and solicitors are not able to advise on or assist with the creation of surrogacy agreements. Many intended parents will try to get around this by entering into a surrogacy agreement abroad, however international surrogacy agreements are not legally recognised by the UK Court.
Even where a surrogacy agreement has been entered into in a country where it would be considered legally-binding, on return to the UK the surrogate who gave birth to the child will be treated as the child’s legal mother. The intended parent(s) will have no legal rights over the child unless a Court application is made for a Parental Order. The Parental Order will also extinguish the legal rights of the surrogate, ensuring that the legal position reflects what was intended by all parties involved.
The process of obtaining a Parental Order requires the intended parents to provide vast detailed records and information about their surrogacy journey. It involves preparation of key legal documents such as extensive witness statements and supporting evidential documents. Instructing a solicitor from the outset means that early advice can be given to ensure that appropriate records are kept, to avoid issues later on. The solicitor can also be on hand throughout the surrogacy arrangement to advise if there are any issues along the way, and they can also assist with organising and preparing the case in real time so that the application can be made as quickly and time-effectively as possible after the baby’s birth.
It is essential for any individual in the UK contemplating a surrogacy arrangement (whether they are an intended parent or a prospective surrogate) to take expert legal advice from a family lawyer before they start the process. This is to ensure that all parties involved understand their legal position, rights and what to expect of the process, as it can be legally complex and difficult to navigate. Early advice also provides certainty that the relevant legal processes and principles are being followed to ensure the best prospect of success when applying for a Parental Order.
If you are considering becoming a parent by using a surrogate, or if you are contemplating being a surrogate for someone else, contact us for a free initial consultation about your legal rights, obligations and options.
Much of the law in the UK centres around fertility treatment being provided via a licensed clinic. There are a number of protections in place for intended parents receiving treatment via a licensed clinic. These protections ensure that the intended parents have the appropriate parental rights on the birth of their child, and any donor used will not have parental rights.
Where informal arrangements take place outside of licensed clinic, it becomes much more complicated to ensure that the intended parents have the appropriate parental rights. Issues can also arise around the ongoing rights or responsibilities of a third-party donor in relation to any child born as a result of an informal arrangement.
It is important that anyone intending to utilise any method of assisted conception properly understands their legal rights, as well as their rights of their partner and/or any third-party donor (if applicable). It is especially important for anyone intending to enter into an informal arrangement outside of a licensed clinic to take expert legal advice, as these sorts of arrangements can lead to damaging and complex legal issues around legal parentage for the intended parents, any resulting child, and any third-party donor involved.
Finding the right lawyer can be a difficult job, therefore why not arrange a free 45-minute consultation at one of our offices or arrange a video consultation with us via Zoom, WhatsApp or Facetime.
Our flexible video conferencing service is available Monday to Friday from 9:00am to 5:30pm.
Please contact K J Smith Solicitors on 01491 630000 (Henley on Thames Head Office), 0118 418 1000 (Reading), 0118 418 1200 (Reading Central), 01256 584000 (Basingstoke), 01483 370100 (Guildford), 01494 629000 (Beaconsfield), 01344 513000 (Ascot), 01635 785 100 (Newbury), 01962 587900 (Winchester), 023 8200 2111 (Southampton), 01727 295 555 (St Albans) or email info@kjsmith.co.uk.
We also serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, Wokingham, Pangbourne, and High Wycombe.
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All our offices are easily accessible by road, rail or bus and we are open Monday to Friday from 9:00am to 5:30pm.
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If you would like to visit our team of family solicitors, we have offices in Henley-on-Thames (Head Office) Reading, Reading (Central), Basingstoke, Guildford, Beaconsfield, Ascot, Newbury & Winchester, St Albans, and Southampton. We serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, High Wycombe and Wokingham.
Why not contact our team of divorce solicitors for a free initial consultation today? We offer a free initial consultation that can take place in any one of our offices or over the telephone.
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"I joined K J Smith with an open mind and with the expectation of developing and adding diversity and challenge to my career, having spent 23 years in a comfortable position with a traditional high street practice.
I can honestly say that K J Smith have exceeded my expectations. Since joining, I have felt supported and encouraged by the firm’s continued commitment to growth and improvement. The company allow staff at all levels to have a voice and recognise the importance of investment in their employees at every level."
