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Family law lawyer news – Parents to keep children

20th December 2011

It is understood that despite five years of trying, the couple, known as Mr and Mrs A, had been unable to conceive naturally or by IVF, so decided to approach a specialist clinic in India.

The clinic found two willing surrogates, who it is believed received around £6,000 more than what would usually be termed “reasonable expenses”.

Agreeing with the couple’s family law lawyer, Judge Sir Nicholas Wall ruled that the case has not been “mere purchase of a child from overseas” and that the married couple should be allowed to keep both the children.

In his judgement, The President of the Family Division stated, “Mr and Ms A are entirely genuine, the terms of the section are met, the payments are not in my judgment disproportionate, and it is plainly in the interests of these two children that they should be brought up by Mr and Mrs A as their parents.”

As it stands, British law requires that surrogacy arrangements are based on trust rather than profit. Additionally, those trying for a child via surrogacy must ask a family law lawyer to secure a Parental Order so that they may be recognised as the child’s legal parents.

The case may give encouragement to other couples who are having trouble conceiving naturally or through IVF.

Furthermore, the judge hearing the case agreed that allowing the children to remain with their parents was in their best interests, which, in such cases, should be paramount.

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