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Is it too late to change your mind if you decided against applying for a parental order when your child was born?

Date:18 OCT 2017
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Lauren Sherlock
Natalie Gamble Associates

Family Justice Reformed (second edition: June 2017) contains detailed commentary on the Single Family Court and the Children and Families Act 2014 Pts 1 and 2 (which deal with family justice) including clear and comprehensive guidance on the underlying procedural regime and the rationale for the reforms.

In the case of Re B (Foreign Surrogacy) [2016] EWFC 77 High Court judge Mrs Justice Theis made a parental order in respect of a child born following a surrogacy arrangement in India in 2010 – six years after the usual six month deadline and notwithstanding that the parents had previously decided against applying.

After returning home to the UK after their daughter’s birth in India the parents had initially planned to apply for a parental order and Mr B drafted the consent documents in preparation. These were signed by the Indian surrogate and her husband on 20 August 2010 showing their consent to the granting of a parental order. However the parents later changed their minds about pursuing their UK court application...

Read the full article here.