Jemma is the partner in the Adoption, Surrogacy and International Child Care department. She specialises in and has extensive experience of complex international adoption and surrogacy cases as well as being highly regarded for her expertise and growing practice in cases involving children who are conceived by way of artificial insemination under the Human Fertilisation and Embryology Act 2008. She has been at Goodman Ray since 2001 and was made a partner in 2009.

Jemma is known for her creativity in her area of expertise and the cases in which she has acted have been described as “cutting edge law”

Jemma is a member of the British Agency for Adoption and Fostering (BAAF) and she sits on their legal group advisory committee, who consider, comment and advise BAAF on legal, social and procedural issues relation to adoption and fostering. Jemma is also a member of the Association of Lawyers for Children (ALC), Resolution, the International Bar Association and she is accredited as a specialist in adoption and private law children cases.

Jemma successfully represented five families in the landmark decision The Human Fertilisation and Embryology Act 2008 (A & Ors) 2015 EWHC 2602 concerning the acquisition of legal parenthood in respect of children conceived using donor sperm.

Jemma’s cases have shaped and established the law in relation to the recognition of foreign adoption orders in this jurisdiction. She was in the instructed solicitor in many of the leading cases in this area, including D-v-D (foreign adoption) [2008] 1 FLR 1475, Re R (Recognition of Indian adoption) [2012] EWHC 2956 (FAM), Re Z and Z (Recognition of a Brazilian Adoption Order) [2013] EWHC 747(FAM) and Re G (Recognition of Brazilian Adoption) [2014] EWHC 2605 (Fam).

Jemma has written for a number of publications which include, the International Bar Association Family Law Committee Newsletter, Family Law Week and Lexis Nexis. She has also contributed to the Stonewall Guide for Gay Dads.

On 15 October 2015 Jemma Dally was interviewed for The Times Lawyer of the Week – read the article here.

Directories:

Jemma Dally has a strong practice in issues of surrogacy, fertility, domestic and international adoption, for which sources consider her “a real leader.” Another interviewee notes: “Jemma is highly professional and knowledgeable. She is efficient, reliable and a good communicator.”  Chambers & Partners 2019

Jemma Dally  ‘goes beyond the call of duty to ensure that her clients receive an excellent service’.  Legal 500, 2018

Jemma is commended in Legal 500 for her

“‘in-depth knowledge’ of international adoption and surrogacy cases” (2015)

“attentiveness” (Legal 500, 2010)

Reported Cases:

• In the matter of X (A Child)
• Brighton and Hove City Council and MM and FF and MGM and TG
• In the Matter of the Human Fertilisation and Embryology Act 2008 (Cases AI and AJ)
• Between ELO and CLO and Secretary of State for the Home Department
• Re H (Surrogacy Breakdown)
• In the matter of the Human Fertilisation and Embryology Act 2008 (Cases P, Q, R, S, T and U) (No 2)
• In the Matter of the Human Fertilisation and Embryology Act 2008 (Cases Y, Z, AA, AB and AC)
• Re H (Surrogacy Breakdown) [2017] EWCA Civ 1798
• F v M and A and Sec of State [2017] EWHC 949 (Fam)
• Re Case K (no.2) (Human Fertilisation and Embryology Act 2008) [2017] EWHC 783 (Fam)
• Re Human Fertilisation and Embryology Act 2008 (Cases Y, Z, AA, AB and AC) [2017] EWHC 784 (Fam)
• Re B (A Child by her Guardian) [2017] EWHC 488 (Fam)
• Re Human Fertilisation and Embryology Act 2008 (Cases P, Q, R, S, T, U, W and X) [2017] EWHC 49 (Fam)
• Re Human Fertilisation and Embryology Act 2008 (Case K) [2017] EWHC 50 (Fam)
• Re N (A Child) [2016] EWHC 3085 Applications for a declaration of recognition of a foreign adoption and an adoption order. Applications opposed by the Secretary of State for the Home Department.
• Re X (A Child) (No 3) [2016] EWHC 2755
• Re AB (Surrogacy: Consent) [2016] EWHC 2643 (Fam) Application for parental orders adjourned generally as the surrogate mother had refused to give her consent to the making of the orders.
• Case L (Human Fertilisation and Embryology Act 2008) [2016] EWHC 2266 application for a declaration of non parentage in circumstances where a fertility clinic had made administrative errors and where there was no paperwork to support that the parenthood conditions set out at s42 HFEA were met.
• Re X (A Child) (No 2) [2016] EWHC 1668 (Fam)
• Re X (A Child) (Rev 1) [2016] EWHC 1342 (Fam)
• Re M [2016] EWHC 1572 (Fam) Application for a declaration of parentage in circumstances where a fertility clinic had made administrative errors in the taking and recording of consent to parenthood
• Re J [2016] EWHC 1330 (Fam) Application for a declaration of parentage in circumstances where a fertility clinic had made administrative errors in the taking and recording of consent to parenthood
• Re G [2016] EWHC 729 (Fam) – In the Matter of the Human Fertilisation and Embryology Act 2008. The President made a declaration of parentage in circumstances where a fertility clinic had made administrative errors in the taking and recording of consent to parenthood.
• Re I [2016] EWHC 791 (Fam) . In the Matter of the Human Fertilisation and Embryology Act 2008. Jemma Dally represented the child in this important judgment dealing with parentage when treatment is started under the HFEA 1990 and then completed under the HFEA 2008.
• KB and RJ [2016] (Rev 1) EWHC 760 (Fam). Application for a Parental Order in respect of a surrogate born child, born and stranded in India in circumstances where the application for a visa for settlement had been refused by the UK authorities.
• X (Foreign Surrogacy: Child’s Name) [2016] EWHC 106 Application for a parental order in respect of a child born and stranded in Nepal.
• Re B (A child) [2016] UKSC 4
  Appeal to Supreme Court by non-biological mother against decision that court did not have jurisdiction to deal with application seeking return of child removed to Pakistan. Appeal allowed.
• The Human Fertilisation and Embryology Act 2008 (A & Ors) [2015] EWHC 2602 – interpretation of provisions of the HFEA 2008 governing consent to parenthood in respect of children conceived using donor sperm. The case was widely reported in the media: The Telegraph & BBC.
• F v M & Others [2015] EWHC 3601 (Fam) – dealing with the interpretation of provisions of the HFEA 2008 governing consent to parenthood in respect of children conceived using donor sperm
• B (A Child) (Habitual Residence) (Inherent Jurisdiction) [2015] EWCA Civ 886 (06 August 2015)
• B (A child), Re [2016] UKSC 4 (3 February 2016) – On appeal to UKSC
• Derbyshire County Council v SH [2015] EWFC B102 (16 June 2015)
• Re Z (Foreign Surrogacy: Allocation of Work: Guidance on Parental Order Reports) [2015] EWFC 90
  Judgment setting out guidance, approved by the President of the Family Division, in respect to applications for parental orders under the Human Fertilization and Embryology Act 2008 section 54.
• Re Z (Foreign Surrogacy: Allocation of Work: Guidance on Parental Order Reports) [2015] EWFC 90 – Further DOP matter
• D (A Child) [2014] EWFC 39 – Parents with learning disability facing an application by a local authority pursuant to s.22 of the Adoption and Children Act 2002 without access to legal representation. Denial of justice. This case has been widely reported in the press: The Guardian & The Telegraph.
• Re D (A Child) [2014] EWFC 39 (No 2) [2015] EWFC 2
• Re D (A Child) [2014] EWFC 39 (No 3) [2016] EWFC 1
• Re X ( A child: Adoption No. 2) [2014] EWHC 4813
• AB and CD (Surrogacy: Time Limit and Consent) [2015] EWFC 12
• Re A and B [2014] EWHC 818 (Fam) – Conclusion of the applications in relation to two children born as a result of artificial insemination involving two same sex couples.
• Re G (Recognition of Brazilian Adoption) [2014] EWHC 2605 (Fam) – International Adoption – Application for recognition of Brazilian adoption order – the procedure to be followed when making this application.
• London Borough of Waltham Forest v FC & Anor [2014] EWFC 13 and London Borough of Waltham Forest v FC & Anor [2014] EWFC 14 – Father murdered mother. Application for a Special guardianship order by the maternal aunt and her husband.
• L v C (Applications by non biological mother) [2014] EWHC 1280 – Application on behalf of the non-biological mother of a child for a declaration as to her Article 8 rights to family life enjoyed with her child prior to the child being taken from England without consent.
• Re WT (Surrogacy) [2014] EWHC 1303 (Fam) – Application for a parental order pursuant to s.54 HFEA 2008, following a foreign surrogacy arrangement. Consideration of the need for proof of the surrogate mother’s consent.
• Re X (A Child) [2013] EWHC 689 (Fam) – Applicant applying for adoption of partners’ child – whether the gateway requirement for the child to have lived with applicant for six months prior to application fulfilled
• Re Z and Z (Recognition of a Brazilian Adoption Order) [2013] EWHC 747(FAM) – Combined applications for recognition of a foreign adoption order and for a step – parent adoption order under the Adoption and Children Act 2002
• Re R (Recognition of Indian adoption) [2012] EWHC 2956 (FAM) – Application for recognition of an Indian kinship adoption