Thoroughly excellent service provided via Wikivorce. Was slightly apprehensive of how it would all work, especially at a distance. However, they were swift, efficient, immensely polite, accurate, and gave regular updates. I would recommend them to anyone.
Can't fault my experience in any way. Brilliant advice / available at short notice for any questions and most importantly swiftly achieved the desired result. Found Austin Kemp after feeling HCB Solicitors were not acting in my best interests and I was correct on all fronts - even including having an appreciation for the fact Divorce is already emotional situation. Also, rather than have to query every suggested next step and be charged for the pleasure; As I'd done a little research of my own and was able to challenge their advice - however we pay Solicitors for their expertise and need to put our trust in them. Austin Kemp thankfully achieved that for me during our first conversation I was already reassured they understood what I wanted and how best to achieve it. Resulting in 7-8 months less work and no court appearances as I had been previously advised by HCB. I THANK YOU DEARLY AUSTIN KEMP. I can start my life again earlier and with a healthier bank balance because of you!!!
Amazing service. For the first time in nearly two years I feel less in a spiral and more in control.
Thoroughly professional, straightforward, timely and reasonably priced. I would recommend this firm to anyone. Thank you Emma and Austen Kemp for a great service.
Thank you so much. You were great. I wasted so much time and money with my previous solicitors and only regret I did not contact you earlier. I have dropped a line to Paul to thank him for referring me to you. I hope you enjoyed the red I sent you as a token of our appreciation.
Austin Kemp provides a pragmatic and honest approach to the individual's journey through Family Law issues. They demonstrate a willingness and capacity to respond to challenging and unpredictable circumstances. The professional, yet personal, service is naturally client centred, but with a realistic and informed view of children's needs. And it has been heartening to have such a caring team walk beside me in the long journey.
I cannot recommend highly enough Austin Kemp as a strong, commercially intelligent and the most effective negotiators. Their negotiation skills are second to none. I have seen firsthand the excellent results this team achieves for their clients.
Just want to say thanks so much for everything. You have been brilliant and very patient. I always felt comfortable calling when asking to clarify certain points of the divorce.
I can honestly say that I am more than satisfied with the management of my case and of my then state of mind. I highly recommend this firm. Thank you.
Amandeep Kooner was not prepared to be swayed from a path of professionalism to accommodate my anxiety and frustration. He would not succumb to taking instructions tit for tat response. He ensured at all times that the response he gave reflected a dignified client with a pleasant demeanour. In so doing he demonstrated his commitment to protect and secure my interests and dignity off which I am most grateful.
Although he has a dual approached role which is business and a duty of care, Amandeep Kooner showed concerns for the level of expenditure that I had already put out with no resolve. His team contained the work to the minimum and produced the maximum results. My case was quickly progressed without compromising compassion and understanding.
Very professional service! Explained everything they were doing for my case every step of the way and really helped me to understand how we would proceed. Thank you!
Intellectually bright, hardworking and extremely professional - Amandeep Kooner took my case at it most difficult as I had come to the end of my ability to remain calm and patient. Up until I instructed Austin Kemp, I had lost all hope that any solicitor could convince me in pursuing a non-retaliatory approach as I was losing ground to allegations and fabrications. Tough, hardworking and extremely professional.
In this guide, we’ll explain what the law says about surrogacy in the UK and discuss why it’s so important to obtain legal advice before starting the surrogacy process.
Surrogacy is the process of carrying and giving birth to a baby for someone else.
There are two types of surrogacy: gestational surrogacy and traditional surrogacy.
Gestational surrogacy is when embryos are made with an egg from the person not carrying the baby (the egg will come from either the intended parent or a donor) and the sperm of either the other intended parent or a donor.
Therefore, in gestational surrogacy, the child the woman is carrying is not biologically related to her.
Traditional surrogacy involves the woman carrying the baby donating her egg. In this type of surrogacy, she will be the biological mother of the child.
Surrogacy is legal in the UK. However, you are not allowed to pay a surrogate in the UK (although reasonable expenses are permitted).
What’s more, surrogacy rules prohibit anyone from advertising for a surrogate. This means that for those wanting to begin the surrogacy process, finding a surrogate can be difficult.
When a woman gives birth to a child, she will become that child’s legal parent. Surrogacy makes no difference to this rule.
If the woman is married or in a civil partnership, their partner will become the baby’s other parent at birth (unless they did not give their permission for the surrogacy).
This is the case whether gestational or traditional surrogacy is used. This means that, in theory, the surrogate mother may be able to keep a child to whom they are not genetically related.
No, surrogacy agreements are not enforceable in the UK. Surrogacy agreements are not legally binding.
If a court is asked to uphold a surrogacy agreement, their top priority will be to decide what is in the best interests of the child.
Sometimes, a surrogate may decide to keep a child after birth. Legally, they are able to do this as, in the eyes of the law in the UK, they are that child’s mother. A surrogacy agreement cannot stop this from happening.
If the intended father in surrogacy is the child’s biological father, he could potentially challenge the surrogate mother’s care. This could be a lengthy and emotionally draining court battle.
After a child has been born through surrogacy, becoming a legal parent to that child would have to be done through a parental order or adoption.
Again, if the surrogate no longer wants you and your partner to be the legal parents of the baby, the court will make its decision based on what is in the child’s best interests.
A parental order is a type of court order which the intended parents must apply for if they want to become the legal parents of the child when surrogacy takes place.
It is possible to apply for a parental order as a couple or as an individual. In the case of a couple, at least one party must be genetically related to the child (through the egg or the sperm). In the case of an individual, that person must be genetically related to the child.
There are various other criteria that must be met in order to apply for a parental order after surrogacy. For example, the child must be living with you.
When considering surrogacy, it is important to seek legal advice to ensure that you will be able to apply for a parental order following the child’s birth and, if not, have an alternative plan in place to become the child’s legal parents.
If you or your partner are genetically related to the child, you may be able to pursue a parental order.
If not, the only way to become the child’s legal parent is through adoption.
There have been calls for laws surrounding surrogacy in the UK to change.
In June 2019, the Law Commission of England and Wales and the Scottish Law Commission announced that the laws around surrogacy were outdated and “should be improved to better support the child, surrogates and intended parents”. They proposed that the intended parents should become the legal parents when the child is born (rather than the current situation where intended parents must apply to the court for a parental order once the child is born), with the surrogate having a right to object for a short time after the birth.
Each country’s surrogacy laws are different. In some countries, it is possible to make enforceable legal surrogacy contracts.
Before going abroad to enter into a surrogacy agreement, it’s important to understand exactly what the laws are with regards to surrogacy in the country you intend to go to. Failure to seek legal advice to this effect could result in a wide range of problems and stress further down the line. Therefore, seeking legal advice from an experienced surrogacy solicitor, such as Austin Kemp, is vital.
Indeed, it is highly recommended that anyone considering surrogacy within the UK obtain legal advice too, so that they fully understand their rights, their partner’s rights and the rights of the surrogate. This way, a fully informed decision can be made before entering into a surrogacy agreement, at home or abroad.
Our expert family law solicitors can help you with a range of legal issues relating to surrogacy agreements, including:
For more information call our divorce solicitors on 0845 862 5001 or email email@example.com.
Our expert family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:
Leeds Office: Princes Exchange, Princes Square, Leeds, LS1 4BY
Wakefield Office: Market Walk, Wakefield, WF1 1QR
Halifax Office: Old Lane, Halifax, HX3 5WP
Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL
Coventry Office: Warwick Road, Coventry, CV1 2DY
Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB
Please contact us for more details.
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