A Practical Guide to the Law in Relation to Surrogacy

As a recent Supreme Court judgment remarked, the law relating to surrogacy in England and Wales can sometimes seem fragmented and obscure. This book provides the reader with a practical guide that starts with the history of surrogacy laws in England and Wales, and provides an up to date guide to how parental status for children born as a result of a surrogacy arrangement can be achieved.

This book explores the key legal concepts in family law of legal parentage and parental responsibility and how that relates to children born via surrogacy, and then examines the criteria required for a parental order to be granted as well as the application process from start to finish. The book also provides an analysis of circumstances where the criteria for a parental order is not met and the legal options that are available to secure some form of parental status between the child and their parent(s).

ABOUT THE AUTHOR

Andrew Powell is a family law barrister at 4 Paper Buildings, specialising in surrogacy, the international movement of children, adoption, public law children work and court of protection. He is ranked in the Legal 500 and Chambers and Partners and acknowledged for his expertise in surrogacy law.

Andrew is member of the Family Law Bar Association, The Association of Lawyers for Children, Resolution and is an associate member of the American Bar Association (Family Law Section).

TESTIMONIALS

"This is a much needed book in a specialist and difficult area of family law. Andrew Powell answers all of the questions that family lawyers and lay clients will have about how to approach a surrogacy case from beginning to end."

- Linzi Bull, Partner at Penningtons Manches Cooper LLP

CONTENTS

1. Introduction

2. What Is Surrogacy?

3. Legal Parenthood and Parental Responsibility

4. Parental Orders and the Parental Order Criteria

5. Welfare

6. The Parental Order Reporter and Their Duties

7. The Parental Order Application Process

8. What Happens When the Criteria for a Parental Order Is Not Met?

9. Concluding Comments