indiasurrogacy

As reported in Family Law Week, a commercial surrogacy agreement between an Indian woman and a British couple led to months of delay, until the children were permitted to travel to their new home in the UK.

After they learned that the in-vitro fertilisation over in India had been successful, the couple visited the Indian Consulate in Birmingham, to notify them of the imminent birth and to supply the surrogacy agreement, which would allow them to obtain an Indian medical visitor’s visa.

Twin girls were born in May 2014. The British parents duly travelled over to India and secured legal advice, to ensure the surrogacy agreement was legal. Their names were subsequently included on the children’s birth certificates.

Unfortunately, they were then forced to return to the UK at the end of May, as they had not yet received British passports for their babies. A week or so later, the British High Commission returned the applications.

The commissioning mother returned to India the following month and the biological mother signed a consent form, allowing her to again apply for British passports for the girls. A significant delay was then experienced, meaning that the passports weren’t actually issued until May 2015. Although the reasons for this have not been fully explained, it was suggested that there was some doubt about the authenticity of the death certificate of the husband of the biological mother and indeed it appears that there were even questions about the woman’s own identity. Concern had also been raised about the possibility that the applications for parental orders may have been used to gain British citizenship or to work around English immigration law. It must be emphasised however, that none of these claims were ever substantiated.

Details of this delay subsequently led Mrs Justice Russell to issue guidance in respect of all international surrogacy cases where parental orders are sought. This guidance has been approved by the President of the Family Division.

Typically, international surrogacy is a very complex issue, which is why such cases should always be referred to a High Court Judge of the Family Division. In this particular instance, the proceedings had not been allocated appropriately, which, it was agreed, had contributed to the delay.

In addition, Mrs Justice Russell stressed that when completing a parental order report, the reporter must meet with both the child and the applicants to assess their welfare, unless sufficient evidence has already been obtained or in exceptional circumstances.

It is unfortunate that the couple experienced such a significant delay, due at least in part to a failure by the legal system to follow procedure. This delay undoubtedly caused them undue stress and financial pressure. However, this case has had the positive outcome of reinforcing the legal proceedings required and outlining the need for specialist knowledge from a High Court judge in the Family Division.

Got a question? Ask us now…

Kindly complete the form below to send an enquiry. Your message will be sent to one of our solicitors. Discretion is guaranteed.

Your Information

  • Consider including information such as: the name of your spouse (if relevant), the country you live in, the background to your problem.

  • This field is for validation purposes and should be left unchanged.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Over 2000 FREE
consultations and counting…

Our free consultation can help you more clearly understand the legal issues relating your case and what your options are to move forward.

Request your free consultation

Or send us an enquiry

Really appreciated Brookman's advice and support. Most lawyers charge extortionate fees just for an initial conversation but not Henry. Thanks for all your advice and time.

Jul 2022   Chloé

I had a consultation with the partner Henry Brookman. I can absolutely recommend him, he seemed knowledgeable, up to date and patient. I have found him to be straightforward in the answers he gives and down to earth. 100% recommended.

Jun 2022   Michael P

I have no hesitation whatsoever in recommending Henry Brookman. His advice came in promptly when solicited, and was excellent. He is a thoughtful and very professional lawyer. He understood perfectly well the issue I presented him with, and gave me excellent advice in a family law related matter.

May 2022   Philip Hands

From my first contact with the firm I was treated courteously and promptly. I was offered a pro bono meeting shortly after making contact. Mr Brookman is clearly a very experienced professional and in our meeting he gave me some well considered and objective advice about my rather complicated situation which spans more than one jurisdiction.

May 2022   Julian Peachey

I had an initial consultation with Henry Brookman regarding prenuptial agreements and found him to be very helpful and knowledgeable.

Mar 2022   Simon Brooks

I had a free telephone consultation yesterday with Gavin Yeung. He could not have been more helpful and reassuring as he calmly and patiently worked through my situation to provide me with clarity and piece of mind at a time it was really needed and emotions are running high.

Mar 2022   'K M'

I spoke with Aziz at Brookman Solicitors on the phone for an initial consultation and he is one of the friendliest lawyers I have met. He is clearly very experienced as he patiently explained me all the concepts and processes which are quite daunting for someone in my situation, and then focused on the actual questions I wanted to ask... I would highly recommend Aziz and Brookman Solicitors.

Feb 2022   'R'

I am grateful for Henry Brookman and his team for support they provided to me during very frustrating time of divorce. They respond promptly to any request. I felt more confident after I started the process with them. Henry listened carefully to me and took quick actions on my case. I highly recommend this team of real professionals even for non-UK citizens.

Feb 2022   Sezim Beksultanova

I had online consultation with the partner Henry Brookman today. I was very happy with the service. I found him to be very insightful, knowledgeable and provided sound advice, as well as being kind and patient. It was a very comfortable discussion and he sent an email detailing our discussion very quickly discussing in our meeting in depth. I am amazed by the service we got just from a free consultation. I would highly recommend these solicitors!

Jan 2022   Shirley Christopher

We spoke at length and at no point felt like he was rushing us and we felt very comfortable. After our discussion we were also quickly sent an email detailing everything we were discussing in our meeting in depth. I am amazed by the service we got just from a free consultation. I would highly recommend these solicitors!

Dec 2021   Tina

I was fortunate to spend an hour running through a few questions with Natasha Slabas. She was quick to grasp the points raised and proposed a sensible way forward. Would recommend

Dec 2021   Nick Powell

I cannot praise the professionalism and courtesy too highly. The advice given in a very complex divorce matter, was clear, concise, enlightening and inspiring.

Nov 2021   Mary Barn

I contacted Henry Brookman because of the complex international aspect of my divorce and I’m very glad I did... Henry took his time explaining all the pro’s and contra’s... I now have a much clearer view over the situation and feel more confident going forward. I’m very grateful for the excellent advice I’ve received and not feeling rushed during the meeting.

Nov 2021   'A B'

Talitha offers sound advice, asks the right questions and advises you with what you need to know not just what you want to hear. I have no hesitation in recommending her services.

Sep 2021   Anu Vidyarthi

Henry took the time to go through all the details of my separation thoroughly. He was very clear on what my options were and what I needed to do to have a seamless agreement with my ex. Thank you for all your help!

Aug 2021   Sandeep Cina

Google Reviews
Ask A Question

Contact Us

If you have questions, contact us now, we can help you.

Enquire Now

Or call us on +44 (0)20 7430 8470