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Common Issues Surrounding Surrogacy

We have previously explained on this blog the complexities involved in Surrogacy arrangements, and why it is important to obtain legal advice before entering into such arrangements.

The Foreign & Commonwealth Office (FCO) has this week issued guidance stressing that such advice is vital for couples considering foreign surrogacy arrangements, due to the increased number of potential complications which can arise.

Many people do not think of some of the legal technicalities which can affect such an agreement, including how laws in various countries differ, sometimes creating a difficult conflict between the two. There is significant variation as the extent to which surrogacy is legal, who is eligible to enter into a valid surrogacy arrangements, and when any such arrangements will be binding. There are also variations between who the child’s legal parents are and how nationality can be passed to a child. Sorting out immigration and travel documents to bring the child to the UK can also cause complications and delay.

Anyone considering a surrogacy arrangement is advised to consider the FCO surrogacy guidance. Whilst very useful, it is also important to remember that the guidance is not a substitute for specific specialist advice in respect of the individual circumstances of the case, and thorough research into the clinic and rules of the country involved.

Cara Nuttall is a Family Solicitor at Slater and Gordon Lawyers in Manchester.

Slater and Gordon have offices in England & Wales offering both flexible pricing and fixed fees for family law and divorce. For a free initial consultation call freephone 0800 916 9055 or contact us online and we'll be happy to help.