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The Launch of ‘Surrogacy, Law, Practice and Policy in England and Wales.’

9th May 2018 By Barry O’Leary

10 May 2018 sees the official launch of the LexisNexis publication ‘Surrogacy, Law, Practice and Policy in England and Wales’ . The book is an essential guide for those advising on surrogacy law.

The book is edited by Ruth Cabeza of Field Court Chambers and she has been ably assisted by fellow barristers from her chambers and Lillian Odze of the Cafcass High Court Team.

I am the author of the chapter ‘International Surrogacy and British Nationality and Immigration Law’.

The book is an important step towards informing both advisors and parents as to the British nationality and immigration law issues that arise in international surrogacy cases. Given the restriction on commercial surrogacy arrangements in the UK, UK-based commissioning parents frequently enter into international surrogacy agreements which lead to the birth of their children abroad. The birth of a child outside the UK inevitably leads to questions concerning British nationality and immigration law.

The fact that there is any nationality or immigration issue at all can come as something of a shock to many commissioning parents. Those who are British from birth have often not come into contact with the British nationality and immigration system before and understandably assume that their child will be born British whatever the circumstances.

Furthermore, British nationality law will often be at odds with the law in which the child will be born. In that country, the British commissioning parents may be the legal parents at the date of birth and named on the birth certificate. This does not mean that they will be the parents for the purposes of British nationality law.

Commissioning parents are well-advised to consider the immigration and nationality matters in advance. Ideally, they should take immigration and nationality law advice before entering into the surrogacy agreement. That said, there is an immigration and nationality law solution to most situations and parents who obtain advice during the pregnancy can usually prepare in time for the birth. We can, of course, also give initial advice after the birth but parents are well-advised not to leave obtaining advice until then.

In my chapter, I have set out the different circumstances that can arise and the immigration and nationality law solutions. The aim is to have these issues more widely known. Of course, we remain happy to advise parents on their particular case.

 

Filed Under: News and Updates


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27 Jun

To mark Pride Month, the U.S. Presidential Scholars Foundation (PSF) published today in The Medallion, their monthly newsletter, excerpts from - and a link to - an essay I’ve written, 50+ Years a Gay Man: A Personal Life in a Historical Context. https://mailchi.mp/presidentialscholars/june2022.

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4 Jul

We are so pleased today to have submitted Trent’s application to register as a BOTC and British citizen following recent changes to the law.

Well done to the @BOTCCAMPAIGN for their work in highlighting the historic injustice for children of BOTC parents!

Home Office @ukhomeoffice

We've launched new routes to nationality for those affected by historical anomalies, including for British Overseas Territories citizens.

This will help people like Trent, who is now able to apply for both British overseas territories citizenship & British citizenship.

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16 Jun

We are hiring!

We are looking to hire two paralegals! Deadline for applications is Sunday 3rd July 2022.

Find out more about the role, including how to apply, here: http://gryklaw.com/vacancies/

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28 Jun

Congratulations to Wesley Gryk alum @IlonaBannister on the publication of 'Little Prisons', her second published novel!

We are very proud!

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23 Jun

Amongst a swathe of changes to the Immigration Rules on Monday, 20 June 2022, was the introduction of 2 new routes to ILR on the basis of private life which will benefit children born in the UK and young adults.

Our Andrew Jones (@andrewijones) explains: https://www.gryklaw.com/home-office-introduces-two-new-private-life-routes-to-ilr/

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