Judge warns unregistered surrogate born children.
Mrs Justice Pheis has warned that children born through surrogacy but without the protection of parental orders run the risk of becoming a “legal time bomb” and “stateless and parentless”? The High Court Judge has raised concerns as a result of the expansion in the number of surrogate births and the lack of a court sanctioned parental order. It is estimated that around 2000 children a year are born to surrogate mothers mostly overseas before being handed over to British parents. Last year CAFCASS only received 241 applications for Parental Orders and unless the child’s status is registered by way of parental order then the child may not inherit from its new parents and would retain a claim on the estate of the birth mother even if she was abroad. A Parental Order extinguishes the rights and responsibilities of the surrogate birth mother, who would otherwise be recognised in law as the true parent. Therefore the children born to such arrangements need legal certainty and clarity. Every application made so far for a Parental Order has been granted.
There is a 6 month time limit on registering surrogate births specified in the Human Fertilisation and Embryology Act however in a recent decision the Family Court accepted reasons given for the delay and accepted an application dating back nearly 2 years. Therefore if you have a child born to a surrogate mother then please get in touch with us and we can assist in obtaining the necessary Parental Order possibly on a fixed fee basis to try to keep costs to an absolute minimum. For further information on our services please go to www.brearleyssolicitors.com/what-we-do/family/ <http://www.brearleyssolicitors.com/what-we-do/family/>