This week the media reported CAFCASS’ concern over falling rates of adoption due to the rise of surrogacy and more successful IVF rates, placing the spotlight firmly back on so called “alternative” family life.

There is no doubt that surrogacy arrangements are on the rise and less and less the “alternative” with new government guidance issued earlier this year. The latest CAFCASS figures also show applications to court for parental orders up from 44 to 220 from 2005-2015.

Added to the statistics are increasingly reported celebrity surrogacy success stories, from Robbie Williams and Ayda Field, to Kim Kardashian and Kanye West, and Tom Daley and Dustin Lance Black. Successful IVF rates also seem to climb, along with increased media coverage of pregnancy after age 45, with celebrities such as Rachel Weisz and Daniel Craig at the forefront. However, for some adoption is still the right route to create their family and secure the legal rights and welfare of the child and should not be overlooked.

Great news for single parents who have, or would like to have, a child born through surrogacy. A new reform has come into force that allows single parents in the UK to make an application for a Parental Order, which identifies them as the legal parent of their surrogate-born child. A right previously granted only to couples.

This is important because under UK law the surrogate mother (and her spouse or civil partner if she has one) automatically becomes the child’s legal parent(s), even if there is no biological connection between them. The Parental Order extinguishes these automatic parental rights and transfers them to the child’s intended parent(s).

It is important to note that the normal criteria for applying for a Parental Order still applies, with the added caveat that the intended parent must have a genetic link to the child. Therefore, this change only assists single parents who use their own eggs or sperm.

If you are leaving the country alone with a child, you may need to take extra documents with you to establish your relationship and that you are travelling with the proper consent.

Why?

Put simply, this is to protect children from abduction (one parent removing a child from the country without consent from the other) and trafficking.

When the problems in your marriage have come to a head and the relationship has broken down, it may be time to take steps towards a fresh start. The breakdown of a marriage is a difficult time for most spouses and there are often many competing interests and emotions. It is not always easy to know where to begin or the best way to go about it. We set out some practical tips to guide you through the first steps of preparing for divorce.

According to statistics released for National Adoption Week, there are more than twice as many children waiting to be adopted in England as there are approved adoptive homes. If they are all to find new families, there is an urgent need for more adopters to come forward, but many people do not know they are eligible to adopt - or as some might say, become a hero. We therefore tackle some of the common myths about Adoption in this country and share some lesser known facts that might help you to start your adoption journey.

For some couples, Christmas is a last test of their relationship before making the final decision to separate.  Others, who made that decision earlier in the year, stay together for one last Christmas - usually when children are involved.  The goodwill does not have to end there.  Preparation and calm can help you to reduce the strain and cost of separation on a 12-step journey.

Two years ago today British Olympian Tom Daley and his husband Dustin Lance Black shone a spotlight on surrogacy by announcing they were going to become Dads.  Although there are relatively few families formed through surrogacy in UK due to restrictive regulations, surrogacy amongst gay couples is believed to have increased by 50% in the last 5 years. This blog looks at how gay men can father a child through surrogacy here or overseas and become the legal parents in UK.

Deciding to have a baby with your partner can be one of the most exciting times in your life, but is it more complicated for same-sex female couples to be recognised as the legal parents of a child born through artificial insemination? It is fair to assume that if one of the child’s intended parents is the birth mother, she will not face any legal complications.  In UK, birth mothers are automatically recognised as a legal parent with parental responsibility for a child, even when they have been inseminated with donor sperm or eggs.

Family law issues are stressful enough without adding health concerns and temporary working arrangements to the mix.

You can rest assured that we employ modern technology and working practices all year round, so COVID-19 will not disrupt the service you receive from our team.

Whether you are based in UK or overseas, appointments are always available via Skype, video call and on the telephone, at a time that suits you.

Whatever your schedule and commitments, our team of lawyers is ready to provide bespoke legal advice tailored to your situation.

If you have already made the difficult decision to end your relationship, it is likely that you would not want your former partner to benefit from your personal estate. Many people think of updating their Will as a final step after their divorce or separation is finalised; but waiting can leave your intended beneficiaries vulnerable.

We have received many enquiries from parents who are concerned about their child contact arrangements in the current COVID-19 pandemic. Louise Allard and Angela Medin answer some of the most common questions below. Please be aware that as the situation changes so does the guidance. This blog was correct at the time of writing, but it is important to keep up to date with the current Government guidance and make sure you are complying with it.

With COVID-19 related job losses and falling incomes affecting a sizeable minority of the population, we have seen a surge of enquiries about spousal maintenance issues. Many people rely on payments that have suddenly stopped, others are worried about incurring debt to keep up payments ordered by the Court. It is a difficult situation that is affecting many people with substantial spousal maintenance commitments. What can you do if this affects you?

The Government’s Stay at Home rules have had many effects on our households and unfortunately not all of them are positive. For some people being together more than usual, confined in homes, in the current social and economic climate is like a pressure pot creating an unstable home environment.  Sadly, in some households’ lockdown means being home alone with an abuser.

Child maintenance is a major concern for both receiving and paying parents during this difficult time. Many non-resident parents have reported that they are struggling to keep up child maintenance payments following furlough or job loss. Their financial circumstances have changed overnight and they may need to prioritise paying a mortgage or rent and utilities so they have a home to accommodate the children during their time with them.

When decisions are being made about how to split your assets, property is usually a key consideration.  Whether you own one property or several properties, you need to determine whether they should be retained or sold. With estate agents returning to work in mid-May, the housing market is open and viewings are resuming - albeit cautiously and with the necessary precautions.  This is promising news, but these are unprecedented times.

As we begin to emerge from lockdown, family issues that were put on hold are beginning to resurface and we are being asked what options are available to resolve disputes that cannot be settled through agreement.

Even before COVID-19, the courts had an overwhelming case load to work through. They are now functioning at reduced capacity due to being short staffed, with the judiciary and clerks adapting to new ways of remote working.

With limited options for court hearings to take place in person, cases are being adjourned or relisted at short notice, often to a date several months away or more.  The current case backlog looks set to continue for the foreseeable future and will leave many cases in limbo.  Those left without a final outcome will be unable to make any real progress through the court system for some time.

As it becomes more common to start a family through insemination and surrogacy, many gay and lesbian couples are sharing this journey with another couple, or a friend, who might otherwise struggle to become parents themselves. When it works well, this arrangement provides a wonderful opportunity for you all to become parents with the added bonus, which is more important to some people than others, of your child knowing both biological parents.

While many people find it liberating to come out, others prefer to keep their sexuality and relationships private.  This is a personal choice made for many different reasons and should be respected; but there can be issues if your family is surprised, or upset, to find your partner included in your Will. In these circumstances it is not uncommon for family members to challenge a Will, which can leave your partner in a vulnerable position.  How can you ensure your wishes will be carried out and your partner will be provided for if your family does not know, or does not respect, that you are in a same-sex relationship?

Broadcaster and author Stephen Fry has voiced a video, produced by Allard Bailey Family Law, to help challenge stigma toward LGBT families.  The nine-minute film draws on independent research from the UK, United States, the Netherlands and Australia* that shows children raised by same-sex parents usually outperform others academically.

Stephen Fry says in the video that “stigma” is the one big disadvantage of same sex families:

“As medical advances enable more people to have biological children, adoption is declining among traditional families. At the same time there is a rise in adoption among same sex parents, who also adopt more of the children considered difficult to place, such as those with health problems, older children and siblings who should stay together. These children would otherwise face a very difficult future in care.”

SPEAKERS: LOUISE ALLARD AND SABRINA BAILEY

HOSTED BY: FRESH BUSINESS THINKING

DATE: TUESDAY 19TH JANUARY 2020

WATCH REPLAY: CLICK HERE