Case Update: Surrogacy and Step-Parent Adoption applications – Spire Barristers

Posted March 6th, 2024 in adoption, chambers articles, children, families, news, surrogacy by sally

‘This case concerned two applications made by X and Y in relation to the child, Z, aged 3. Firstly, to vary or discharge a child arrangements order (made in August 2021) and secondly, for a step-parent adoption in favour of X. Both applications were opposed by Z’s mother, G, but supported by the Local Authority and Z’s Children’s Guardian. Taryn Lee KC of Spire Barristers acted for the 3rd Respondent, the Guardian.’

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Spire Barristers, 13th February 2024

Source: www.spirebarristers.co.uk

Surrogacy laws will be overhauled under new reforms – Family Law

Posted April 17th, 2023 in families, Law Commission, news, statute law revision, surrogacy by tracey

‘The Law Commission of England and Wales and the Scottish Law Commission have published reforms for Government to improve outdated surrogacy laws.’

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Family Law, 12th April 2023

Source: www.familylaw.co.uk

Reforming surrogacy law in Great Britain – Law & Religion UK

Posted March 31st, 2023 in children, families, Law Commission, news, surrogacy by sally

‘The Law Commission of England and Wales and the Scottish Law Commission have published a joint report on surrogacy: Building families through surrogacy: a new law. They recommend a comprehensive range of reforms to make the law of surrogacy work better for children, surrogates and intended parents and ensure that surrogacy continues to operate on an altruistic rather than a commercial basis.’

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Law & Religion UK, 30th March 2023

Source: lawandreligionuk.com

Surrogacy, IVF and equality: JR176(2)’s application for judicial review – UK Human Rights Blog

‘Two men are in a relationship and want to have a child. They approach a female friend who is happy to be their surrogate. She has previously had a voluntary sterilisation procedure, so she would need in-vitro fertilisation (IVF) using a donor egg (a procedure known as gestational surrogacy), to help her friends realise their wishes. This is where they all encounter a problem: voluntary sterilisation makes the woman ineligible for publicly funded IVF.’

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UK Human Rights Blog, 28th February 2023

Source: ukhumanrightsblog.com

The ‘Syringe Method’ of Surrogacy and the Law – Family Law Week

Posted January 6th, 2023 in artificial insemination, children, families, family courts, news, pregnancy, surrogacy by tracey

‘Nathan Baylis, a pupil barrister at 4 Brick Court, provides a guide to the legal recognition of at-home artificial insemination in surrogacy arrangements.’

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Family Law Week, 15th December 2022

Source: www.familylawweek.co.uk

The ‘Syringe Method’ of Surrogacy and the Law – Family Law

Posted December 16th, 2022 in artificial insemination, children, families, family courts, news, pregnancy, surrogacy by tracey

‘Nathan Baylis, a pupil barrister at 4 Brick Court, provides a guide to the legal recognition of at-home artificial insemination in surrogacy arrangements.’

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Family Law Week, 15th December 2022

Source: www.familylawweek.co.uk

Parents who use surrogate waiting up to a year to become legal guardians – The Independent

Posted November 28th, 2022 in children, delay, families, guardianship, news, surrogacy by tracey

‘Surrogacy laws in the UK are putting the health of babies at risk due to the length of time it takes parental orders to come through, experts have warned.’

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The Independent, 27th November 2022

Source: www.independent.co.uk

Surrogacy Arrangements and Parental Orders: Where Are We Now? – Family Law Week

Posted October 11th, 2022 in consent, domicile, news, parental responsibility, surrogacy, time limits by tracey

‘Bianca Jackson, Barrister at Coram Chambers considers the most important news and case law relating to Surrogacy Arrangements and Parental Orders.’

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Family Law Week, 5th October 2022

Source: www.familylawweek.co.uk

Babies, bodies and borders: the risks and rise of surrogacy – Family Law

Posted September 2nd, 2022 in children, families, foreign jurisdictions, news, surrogacy by tracey

‘Despite its challenges, surrogacy is becoming a readily available form of family formation for many who have endured considerable heartache and difficulty in conceiving naturally. Surrogacy has an important role to play within our modern society particularly bearing in mind the overwhelming tide-change in social attitudes, the importance of assisted reproduction, such as IVF, and the introduction of same sex marriage which was legalised back in 2014.’

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Family Law, 1st September 2022

Source: www.familylaw.co.uk

Human Fertilisation and Embryology Act can be “read down” to accord with Convention family rights – UK Human Rights Blog

‘This poignant case tells a sad story, but an instructive one in terms of human rights and the ability of courts to interpret statutes in accordance with these rights under Section 3 of the Human Rights Act 1998.’

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UK Human Rights Blog, 19th July 2022

Source: ukhumanrightsblog.com

Widower wins right to have baby using embryo created with his late wife – The Guardian

Posted June 23rd, 2022 in bereavement, consent, news, surrogacy by sally

‘A 38-year-old widower has won a landmark legal case giving him the right to have a baby with a surrogate using the last remaining embryo created with his late wife.’

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The Guardian, 22nd June 2022

Source: www.theguardian.com

Surrogacy: the current law and proposals for reform – Family Law

Posted March 11th, 2022 in bills, children, families, news, surrogacy by tracey

‘The number of people choosing surrogacy as a way to parenthood is increasing. Whilst it is difficult to know exactly how many surrogacy cases there have been in recent years, the number of applications for parental orders, which is the order required to recognise intended parents as a child’s legal parents, is growing. With this growth have come calls for reform to surrogacy laws, which many say are outdated and do not reflect current attitudes and lifestyles.’

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Family Law, 10th March 2022

Source: www.familylaw.co.uk

Surrogacy and HFEA Update: December 2020 (Part 1) – Family Law Week

Posted December 14th, 2020 in care orders, children, families, family courts, news, surrogacy by tracey

‘In the first part of his surrogacy and HFEA update, Andrew Powell of 4PB analyses some important recent judgments within the England and wales jurisdiction.’

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Family Law Week, 10th December 2020

Source: www.familylawweek.co.uk

Family Law Newsletter – Spire Barristers

‘Issue #35 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton.’

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Spire Barristers, 22nd July 2020

Source: spirebarristers.co.uk

‘Reading down’ the statute: The case of Re: A (Surrogacy: s.54 Criteria) [2020] – Garden Court Chambers

Posted July 30th, 2020 in news, statutory interpretation, surrogacy, time limits by sally

‘In Re: A (Surrogacy: s.54 Criteria) [2020] EWHC 1426 (Fam) Mr Justice Keehan granted an application for a parental order in a case where a child had been conceived using surrogacy. The case was notable as it required the court to ‘read down’ a number of the statutory criteria contained in section 54 of the Human Fertilisation and Embryology Act 2008.’

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Garden Court Chambers, 23rd July 2020

Source: www.gardencourtchambers.co.uk

Surrogacy and human rights — Anna Dannreuther – UK Human Rights Blog

‘In Re X (Parental Order: Death of Intended Parent Prior to Birth) [2020] EWFC 39 the Family Court read down section 54 of the Human Fertilisation and Embryology Act 2008 to enable a parental order to be granted where an intending parent died shortly before the child’s birth. This ensured the child’s Article 8 and 14 rights were protected, and prevented much emotional hardship for this family.’

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UK Human Rights Blog, 26th June 2020

Source: ukhumanrightsblog.com

The changing legal landscape of claiming surrogacy costs – No. 5 Chambers

‘The judgment handed down by the Supreme Court in the case of XX (Respondent) v Whittington Hospital NHS Trust (Appellant) [2020] UKSC 14, on 1 April 2020, fundamentally changed the landscape in the United Kingdom for recovering the cost of surrogacy arrangements. By a majority, it determined that a person may claim damages to fund the cost of surrogacy, both commercial in a country where it is lawful and non-commercial, using her own or donor eggs.’

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No. 5 Chambers, 4th June 2020

Source: www.no5.com

Whittington Hospitals NHS Trust v XX [2020] UKSC 14 – Hailsham Chambers

Posted June 1st, 2020 in appeals, cancer, chambers articles, damages, hospitals, news, Supreme Court, surrogacy by sally

‘The dispute arose as a result of a delay, by the Trust, in diagnosing the Claimant (Respondent)’s cancer, and the infertility this caused.’

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Hailsham Chambers, 21st May 2020

Source: www.hailshamchambers.com

1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row

‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’

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1 Crown Office Row, 15th May 2020

Source: www.1cor.com

EP 110: Should the NHS be liable for commercial surrogacy expenses? – William Edis QC – Law Pod UK

‘Rosalind English discusses with William Edis QC a recent Supreme Court ruling that a woman could claim against the NHS damages that covered a commercial surrogacy arrangement that would be illegal in this country. The principle is now clear, and there is no parliamentary appetite to overturn it. You can get compensation to make a commercial surrogacy arrangements abroad, if negligence has deprived you of the ability of bearing your own children.’

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Law Pod UK, 1st May 2020

Source: audioboom.com