International surrogacy law
International surrogacy is an increasing reality, with more people crossing borders for all kinds of fertility treatment, including surrogacy. Some countries take a more prohibitive approach to surrogacy than the UK (for example, many European countries) which can make the UK seem an attractive international surrogacy destination. Other countries take a more liberal approach, and this drives British prospective parents abroad (to international surrogacy destinations like the Ukraine, the USA and India). In either direction, the legal complexities of international surrogacy can be enormous if not safely navigated.
We have unrivalled experience dealing with international surrogacy law. Founding partners Natalie Gamble and Louisa Ghevaert successfully acted for the parents in Re X and Y, the first and groundbreaking English case to involve British parents going abroad for surrogacy, and we deal with complex international surrogacy law cases on a daily basis. We provide specialist legal advice and representation for clients in multi-national surrogacy situations all over the world, and are recommended by leading foreign surrogacy lawyers from across the globe as the UK's pre-eminent specialists in surrogacy. We can provide leading advice on English law in international surrogacy situations, liaise with foreign lawyers where necessary and help you navigate conflicts and interactions between the different systems of law.
International surrogacy law: British couples going abroad for surrogacy
If you are based in the UK and are thinking about going abroad for surrogacy, it is critical to explore the legal issues fully, both in your destination country and in the UK, and to consider issues of legal parenthood and citizenship and immigration law. Find out more about how English surrogacy law applies if you are British (or based in the UK) going abroad for surrogacy.
International surrogacy law: Non-UK couples coming to the UK for surrogacy
If you have foreign connections or live outside the UK and are thinking about entering into a surrogacy arrangement, it is critical that you explore the legal issues fully to ensure that you will be able to secure your legal status as your child's parents and that your child will have the immigration rights and nationality status he or she needs. Find out more about how the law applies for non-UK or non-British couples considering surrogacy in the UK.
International surrogacy: How can we help?
Please contact us if you would like our help with:
- advising you on how the law applies in relation to international surrogacy law, including issues of parenthood, entry clearance and citizenship and jurisdiction,
- advising you on your domicile status,
- representing you in an application for a parental (or alternative) order (including situations where you may have paid more than reasonable expenses, or are not domiciled in a part of the UK),
- entry clearance and citizenship issues and
- working with foreign lawyers.
