19 October 2012
Family Solicitor Duncan Ranton discusses California's change in their Surrogacy Law
A legislative change to California’s Surrogacy Law means that same sex couples who have children will have the same parental rights and protections as heterosexuals. The change is found in a bill passed in September that amends California’s Uniform Parenting Act. When it enters into force, it will change the legal definition of “intended parent” to be an individual, married or unmarried. It will therefore become illegal to discriminate against same sex parents both before and after their Children are born through surrogacy arrangements. Despite more and more people turning to Surrogacy to fulfil their yearning to become parents, surrogacy remains a highly specialised area. Practitioners need to be on top of new decisions and legislation here. There is also a need to be aware – even if only in general terms – of developments abroad and of the prevailing approach to surrogacy in other countries. A great many surrogacy arrangements feature an international dimension. This awareness of developments in the field on a global scale is no substitute for specialist advice from specialist lawyers in the individual countries concerned where that becomes relevant. But knowledge of how surrogacy looks and feels in other countries empowers a lawyer in England to give his or her clients the best possible service.
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