Jemma Dally, Partner at Goodman Ray, represented the commissioning parents in the Case of Re WT  EWHC 1303. This case highlights again the areas of difficulty that parents who embark on surrogacy arrangements abroad need to be alive to and gives important guidance for those considering entering into a foreign surrogacy arrangement in the future.
Jemma who specialises in international adoption, surrogacy and child care law represented the commissioning parents in this international surrogacy case which has again highlighted the areas of difficulty that parents who embark on surrogacy arrangements abroad need to be alive to and gives important guidance for those considering entering into a foreign surrogacy arrangement in the future.
The Court has not only given guidance for commissioning parents considering foreign surrogacy but has, importantly for those considering a surrogacy arrangement in India, suggested an amendment to the British High Commission New Delhi’s standard letter issued by the Foreign and Commonwealth Office to commissioning parents at the time of their application for and Indian medical visa (the visa which India requires commissioning parents to obtain when coming to India for surrogacy services).
The suggested amendment will emphasise the importance of the consent requirements set out at sections 54(6) and (7) HFEA 2008.
Jemma Dally said “This case gives important guidance for those parents considering foreign surrogacy. Importantly the Court’s suggested amendment to the British High Commission New Delhi’s standard letter will ensure that commissioning parents receive the guidance on the necessary arrangements and documentation required for an application for a parental order in England before they enter into the surrogacy arrangement.
It is hoped that this guidance will have the effect of ensuring that certain minimum standards in respect of surrogacy arrangements are applied and recognised internationally, an important step towards safeguarding all those involved in foreign surrogacy arrangements”
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