Disputing a Will #SolicitorChat with The Law Society
15th April, 2021
How can you ensure wishes are followed and should you consider legal action if you feel a loved one’s wishes are not? Michael Brierley discussed this and more live on…
Family lawyer, Rachel Lemon provides an update in the Winter issue of American in Britain on the legal issues faced when building a modern family.
For some, having a family is not straightforward. It can involve a long period of planning and the help of a fertility clinic.
Although commercial surrogacy is prohibited in the UK and parts of the US, surrogacy arrangements are becoming increasingly common. There are different types of surrogacy. Gestational (where the surrogate’s eggs are not used and the child is conceived via in vitro fertilisation, IVF) and traditional (where the surrogate is also an egg donor and the baby may be conceived via intra uterine insemination, IUI).
It is vital to explore the legal implications of a surrogacy arrangement before fertility treatment starts. The Law Commissions are carrying out a review of surrogacy law. It is hoped that changes will come into force alleviating some of the problems with the current position. Some examples being:-
The current requirement of domicile is also thought to be unnecessary and it is proposed that the requirements to obtain a Parental Order are to generally be broadened. The status of the intended parents’ relationship and the requirement that the child have his her home with the intended parents are also to be considered as is the issue of “reasonable expenses”.
Case law has already moved beyond some of the requirements as set out in the current law to obtain a Parental Order so as to place the child’s welfare as the central consideration. One example of that is, under the current framework, there is a requirement that intended parents make their application for a Parental Order within 6 months of the child being born. The court has, since 2014 however, been prepared to make a Parental Order even if the application is made outside of that window. It makes no sense therefore to maintain that requirement where the courts do not action it in practice.
The Law Commissions’ paper is welcome. Reform is necessary. However, given the current political landscape, we cannot say with certainty how long it will be until we see any of the proposals come into force.
It is vital, regardless of how a baby is conceived, that the full legal implications are considered before treatment starts. Hopefully parents can then focus on enjoying their new arrival knowing that the legal aspects have been fully understood and acted upon.
If you require information about the legal implications of fertility treatment and surrogacy, contact Rachel Lemon, the head of Mundays’ Modern Families Sector. Rachel can be contacted on 01932 590 612 or at rachel.lemon@mundays.co.uk
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