My Family Pod
Welcome to My Family Pod, the go-to podcast for anyone navigating family and relationship challenges in their life.
Each episode, hosted by Myerson’s Family Law experts, will explore the complexities around family life.
Whether you’re seeking advice on resolving disputes or simply aiming to create a more harmonious family structure, our experts are here to provide support and insights.
Tune in to explore interviews with professionals in the family space, offering practical guidance for listeners facing family struggles.
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My Family Pod
Surrogacy Law Uncovered: Parental Orders, International Surrogacy and the Legal Risks Explained
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In this episode of My Family Pod, Myerson family lawyers Nichola Bright and Joe Ferguson are joined by Toby Craddock, Barrister at Deans Court Chambers, to explore the complex and evolving legal landscape of surrogacy in England and Wales.
Surrogacy can offer a pathway to parenthood for many families, yet the legal framework governing it remains intricate and, in many respects, outdated. In this discussion, the panel explains how the law currently works, highlights common misconceptions, and considers how international surrogacy arrangements and potential legal reforms may shape the future of family law.
The conversation provides practical insight into how parental orders operate, the risks involved in international surrogacy, and why obtaining early legal advice is essential for intended parents navigating this journey.
What We Cover in This Episode
- The difference between adoption and surrogacy and why a genetic link is usually required for a parental order
- The legal position at birth in surrogacy arrangements and why the surrogate is initially recognised as the legal parent
- Parental orders explained: what they are, why they are transformative, and the criteria the court applies when deciding whether to grant them
- Key legal requirements and time limits, including the six-month application window
- Consent from the surrogate and why it remains a fundamental requirement in surrogacy cases
- International surrogacy arrangements, including the legal and practical risks of pursuing treatment abroad
- Immigration, nationality and travel complications that can arise following overseas surrogacy
- Costs, expenses and the legal distinction between altruistic and commercial surrogacy in the United Kingdom
- Recent case law and real-world examples illustrating how the courts approach complex surrogacy disputes
- Proposed surrogacy law reforms from the Law Commission, including a potential new pathway to legal parenthood
- Global perspectives on surrogacy, including recent legislative changes in countries such as Italy
Why This Episode Matters
Although only several hundred parental orders are granted each year in England and Wales, surrogacy continues to grow as a route to parenthood. However, the law underpinning these arrangements relies on legislation that predates many modern family structures and medical advances.
Understanding the legal framework, particularly where international arrangements are involved, is vital for intended parents, surrogates and professionals advising families.
Guest
Toby Craddock
Barrister, Deans Court Chambers
Toby specialises in family law with particular experience in surrogacy and modern family matters. In addition to his practice, he serves as Secretary to the Greater Manchester Family Law Bar Association and sits on the Manchester Family Justice Board.
Listen to My Family Pod
If you would like to learn more about surrogacy law or other modern family issues, explore the full My Family Pod series where our family law specialists discuss the legal topics shaping families today.
Learn more about Myerson Family Law: https://www.myerson.co.uk/personal/family-law