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This area covers how surrogacy agreements and arrangements are treated in England and how the law governs parenthood, permissions and registration when a child is born via a surrogate from outside or into England. A solicitor in this field helps clients with drafting or reviewing surrogacy arrangements, advises on the legality of intentions, and guides applications to the High Court for parental orders or related orders, as well as assisting with birth registrations and any needed declarations of parentage.
Surrogacy involves specific statutes and court procedures, including the Human Fertilisation and Embryology Act 2008 and related family court processes. A solicitor handles the structuring of introduction or agreements where applicable, prepares court applications for parental orders, liaises with fertility clinics, social services, and the court, and advises on evidential requirements and potential complications such as changing conditions after birth or challenges to parentage.
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