Reflecting on the UK’s recent National Fertility Awareness week, the team at Laytons would like to raise awareness of the work our Family Law department does to help those dealing with fertility challenges and those who have become parents via alternative routes.
There are 3.5 million people in the UK facing fertility issues. Most people who experience problems conceiving can have fertility treatment to help them to get pregnant, but for some, no amount of medical treatment can help. For them, surrogacy offers a potential route to parenthood.
Although science has made considerable advances in the area of surrogacy, the Family Law department at Laytons, led by Andrew Spearman, are experts in trying to ensure the law keeps pace. Andrew’s work in this area helps to create, complete and support families through surrogacy. A recent note from a surrogacy client sums up the impact this work has:
"There will never be a gift big enough or words expressive enough to convey the appreciation we feel for your tremendous support. My boys will come to learn the impact you had on their lives. Thank you so so much."
Many clients understandably struggle to come to grips with their legal position in addition to their personal fertility challenges. Under UK law, if you have a child through surrogacy, the surrogate will be the child’s legal mother at birth even if they have no genetic link to that child. If the surrogate is married or in a civil partnership, it adds further complication, as their partner will automatically be the child’s other legal parent. The child’s intended parents, therefore, have to apply for a ‘Parental Order’, which requires the surrogate’s consent, to obtain parental responsibility for the child. This often comes as a surprise to those considering surrogacy, who may expect the process to be much more streamlined, as is often the case in different countries.
If you are considering a surrogacy arrangement, it’s absolutely essential to ensure that it takes place within the right legal framework. Andrew has represented clients in the High Court on various matters and advanced case-law to become outcome-focused for the best interests of the child, intended parents and surrogate alike. He is best known for his work in international surrogacy and resolving the conflict in private international law.
Andrew’s areas of experience include difficulties with domicile, reasonable expenses and the issue of separated intended parents seeking a Parental Order. In addition, he advises domestic and international organisations, charities and government departments on surrogacy law in the UK to advance understanding and support in the sector.
Recently, Andrew advised on a landmark Family Court case highlighting the risks involved in international surrogacy arrangements. In the case of Y & Anor. v V & Ors. [2022] EWFC 120, the judge was critical of the conduct of the intended parents and warned that in similar future cases the outcome might not be so happy. Andrew’s pro bono work helped the applicants navigate difficult waters and bring this case back from the brink of disaster.
Andrew and the entire Family Law team provide expert legal advice to help intended parents build their family through surrogacy. From initial planning through to securing parental status, the team can advise at every stage of the process to ensure it is navigated smoothly.
If anyone requires any advice on the implications of this case or Family & Matrimonial generally, please contact Andrew Spearman by email on andrew.spearman@laytons.com.
