International surrogacy law: legal parentage, citizenship, time limits and parental orders
The recent case of Re X, Y and Z (Children: Parental Orders: Time Limit) [2022] highlights the very real legal issues and problems that can arise when intended parents enter into international surrogacy arrangements. In Re X, the intended parents experienced unforeseen difficulties with their three US surrogate born children’s legal parentage, citizenship and residence when they encountered a different system of law in Denmark where they were living. They also had to navigate complex legal issues whilst applying for parental orders in the English Family Court to resolve their children’s legal parentage and legally secure their children’s care arrangements upon relocating to the UK.
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