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04 September 2026
Issue: 8175 / Categories: Legal News , Family , Child law , International
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NLJ this week: Parenthood in waiting

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© Getty images
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework

Writing in NLJ this week, Liza Gatrell of Stowe Family Law explains that the surrogate remains the legal mother at birth, surrogacy agreements are unenforceable and intended parents require a parental order. Overseas birth certificates and court orders naming them as parents are not recognised in the UK, while questions of citizenship can delay returning home.

In A and another v C and another, Williams J considered retrospective payments in nine international cases and confirmed that, where the child’s welfare is paramount, ‘public policy is not a relevant consideration’. Courts will nevertheless scrutinise arrangements for exploitation and good faith.

Law Commission proposals would create a regulated UK pathway recognising intended parents from birth, supported by legal advice, counselling and welfare checks, but international arrangements would remain outside it. Until reform arrives, specialist advice in both jurisdictions is essential.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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