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View from the Foot of the Tower: Parental orders and Goldilocks

Date:23 FEB 2015
Care Lawyer
The Human Fertilisation and Embryology Act 2008 set up provisions for people who have entered into a surrogacy agreement to obtain a parental order giving them legal rights.

There have been a raft of recent authorities on these applications particularly relating to surrogacy arrangements overseas the most recent being decided by Mrs Justice Theis in Re AB and CD (Surrogacy: Time Limits) 2015 [2015] EWFC 12.

That case was complicated even further than is usual with the HFEA because the applicants had moved from Australia to England after the birth of the child and had been pursuing an adoption application for the child (believing that they were barred by the statute from applying for a parental order for being out of time – which was the case prior to the President’s decision in Re X (A Child) (Surrogacy: Time Limit) [2014] EWHC 3135 (Fam)...

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