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Surrogacy

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Latest Family News

Can care orders and special guardianship orders coexist? (Re F and another)

Can care orders and special guardianship orders coexist? (Re F and another)

The following Family news provides comprehensive and up to date legal information on Can care orders and special guardianship orders coexist? (Re F and another)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

The following Family news provides comprehensive and up to date legal information on Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Family monthly highlights—April 2021

Family monthly highlights—April 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—April 2021

Court of Appeal reverses Court of Protection’s decision to discharge P’s mother as party to proceedings (Re P (discharge of party) AA v Southwark London Borough Council)

Court of Appeal reverses Court of Protection’s decision to discharge P’s mother as party to proceedings (Re P (discharge of party) AA v Southwark London Borough Council)

Court of Appeal reverses Court of Protection’s decision to discharge P’s mother as party to proceedings (Re P (discharge of party) AA v Southwark London Borough Council)

Featured Family content

The grounds on which a marriage is voidable

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

Specimen statement of issues for a first appointment—financial remedy application

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

Amended, supplemental and further petitions

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

Statements of truth in family proceedings

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
tag iconCOVID-19 tag iconIn-house
Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...
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9th Nov
Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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9th Nov
Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...
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9th Nov
Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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9th Nov
Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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9th Nov
Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
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9th Nov
Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
tag iconCOVID-19
Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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9th Nov
Practice notes

Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...
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9th Nov
Practice notes

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov
Precedents

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Surrogacy content

Practice notes

Standard orders—parental orders

This Practice Note provides information about, and access to, parental order standard orders issued by the President of the Family Division, Sir James...
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6th Apr
Q&As

Where a same-sex male couple are married/civil partners, and one of that couple will be a sperm donor for a woman who is married/a civil partner to another woman, who would have parental responsibility for the child, be the child’s legal parents and be registered on the birth certificate?

We have assumed that you are referring to a non-surrogacy arrangement, ie that the woman who is to carry the child is not doing so under a surrogacy...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As

If a surrogate’s husband is automatically the second legal parent, can the biological father still have parental responsibility if he is registered on the birth certificate?

Surrogacy occurs where a woman carries a child with the intention that that child will be given to other parents. Surrogacy can either be total (where...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As

Where a woman is separated from her husband, but not yet divorced, and she wishes to undertake in vitro fertilisation treatment (using donor sperm), does she require her husband’s consent to do so? Where the husband refuses to sign a form indicating that he does not consent for the purposes of section 35 of the Human Fertilisation and Embryology Act 2008, how will that section be applied?

There is no legal requirement for a woman who remains married to obtain the consent of her husband to undergo in vitro fertilisation (IVF) treatment,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As

Can two same-sex (male) intended parents apply for a parental order in a situation where they don't know which one of them is the biological father (but they know it is one of them)?

A parental order is an order made under section 54 or 54A of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) and which has the effect of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Practice notes

Surrogacy—parental orders—procedure

A parental order is an order providing for a child to be treated in law as the child of the applicant(s) if the child has been carried by a woman who...
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17th Jan
Practice notes

Surrogacy—parental orders—general principles

A parental order provides for a child to be treated in law as the child of the applicant(s) if:•the child has been carried by a woman who is not the...
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17th Jan
Q&As

Are there any reported cases where the relationship between a same-sex couple who have a surrogate child has broken down prior to a parental order being made, so that parental responsibility remains with the legal mother and one of the couple as the father? Have there been any other significant surrogacy decisions since Re H (a child) [2017] EWCA Civ 1798, [2017] All ER (D) 141 (Nov)?

This Q&A considers two points. Firstly, it considers whether there have been any significant surrogacy decisions that post-date Re H (A Child)....
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Precedents

Standard order 17.2—Final order for HFEA parental order application

In the Family Court sitting at [court name]No: [case number]Sitting at [insert place]The Human Fertilisation and Embryology Act 2008 section 54The...
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4th Jan
Precedents

Standard order 17.1—Directions order for HFEA parental order application

In the Family Court sitting at [court name]No: [case number]The Human Fertilisation and Embryology Act 2008 section 54The Family Procedure Rules 2010...
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4th Jan
Practice notes

Surrogacy—general principles

A surrogacy arrangement is the practice whereby a woman carries a child for another person with the intention that the child should be handed over at...
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28th Nov

Popular documents

Facilitation payments under the Bribery Act 2010

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some

What is a contract of insurance?

What is a contract of insurance?

This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe

Acting in concert

Acting in concert

Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the

What is a certificate of title?

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets