International surrogacy arrangements and planning for the unexpected
During these uncertain times and the evolving challenges arising from the impact of coronavirus disease (COVID-19), it is worrying for everyone but especially those who are expecting a child and unable to travel. Not being able to see their child is a parent’s worst nightmare.
We wanted to share some thoughts and offer practical suggestions.
COVID-19 travel restrictions and quarantine periods are preventing (and may continue to prevent for some time) intended parents from travelling to join new-born children, surrogate mothers and wider family.
Regarding travel restrictions, in particular the US authorities announced on 14 March 2020 that travel restrictions imposed previously on Schengen zone countries would now be extended to the UK (and Ireland). We understand that US citizens and permanent residents of the USA, their close family members and certain other limited categories of visas holders are exempt and will still be able to travel to the USA, subject to normal entry requirements. Those allowed entry to the USA may however be asked to self-isolate for up to 14 days after arrival.
It is likely to be advisable for intended parents to travel now (or soon as they are able to depending on the delivery date) to be in situ earlier than planned so that they can be there when their child is born if that is an option available to the intended parents.
If immigration or travel clearance is required, experience tells us that it is useful to have letters explaining to the relevant immigration, Consulate or Embassy authority the need for such travel: for intended parents to be present for the birth of their child or shortly thereafter.
Contingency plans also need to be put in place such as establishing temporary, standby or backup guardians and/or healthcare powers of attorney. It might also be advisable to appoint another responsible adult to care for the child/children if the intended parents are unwell or prevented from travelling.
It is likely to be advisable for any applications for a parental order in England (a court order which makes the intended parent or parents the legal parents of the child and permanently extinguishes the parenthood of the surrogate and her spouse) to be drafted and ready in advance so that the application can be made shortly after birth to start the court timetable.
Applications to the court may also need to be made in the interim. At the time of writing, the courts (in England) remain open and are able to deal with urgent applications.
Wills and estate planning
It is important to protect everyone involved in a surrogacy arrangement and all those involved in a surrogacy arrangement should prepare or update their Wills in advance of the birth. Should the worst happen it will be important that your child and your partner are protected financially, particularly if you are not yet a legal parent.
We appreciate that this is a difficult time for many families. We are making full use of video calling, conference calling and other electronic means of communication to ensure meetings take place virtually. We are here to support you.
The Future of Property Careers
Join to our panel discussion and Q&A with industry leaders on the range of opportunities within the property and construction sector.
Q&A: Talking the telecoms talk
Georgina Muskett and Jonathan Wills answer queries on Electronic Communications Code agreement.
Property Patter: Navigating the complexities of Pharmacy Property
Pharmacy property is a specialist area which contains many traps for the unwary.
COVID-19 Vaccination – can an employer make it compulsory for employees?
We review what legal issues to take into account when considering to make vaccination compulsory as an employer.
Linking ESG and Executive Pay
How does a business go about embedding a focus on strong ESG performance into the structures and culture of its organisation?
National Security and Investment Act granted Royal Assent
The Act establishes a new regime for the review of mergers, acquisitions and other transactions that could threaten national security.
Recent Trends In Firewall Legislation: BVI, Bermuda And Gibraltar
Charles Russell Speechlys advises Waverton on acquisition of Cornerstone Asset Management
Established in July 2010 and with offices in Edinburgh and Glasgow, Cornerstone offers wealth management and financial planning advice.
What do the new Debt Respite Scheme Regulations mean for Landlords and Tenants?
This will provide legal protection from creditors in the form of either a breathing space or a mental health crisis moratorium.
Charles Russell Speechlys promotes five to Partner
The promotions are effective 1 May 2021 and are accompanied by one Legal Director and 15 Senior Associate promotions.
Risk allocation in commercial leases: the High Court considers rent suspension, insurance and frustration arguments
Read our summary of the full judgement on the latest Covid arrears case.
Charles Russell Speechlys boosts private wealth offering with the hire of an international tax team
Robert Reymond will be joined at the firm by Leigh Nicoll, Emma Tyrrell and Oliver Cooper.
Proposed Takeover Code Amendments – Key Changes
The Consultation Paper has now been followed by a corresponding response paper which made certain modifications to the initial proposals.
Impact of the Covid-19 pandemic on arrangements for children of international families
The Lugano convention – the journey continues
The UK’s departure from the European Union has had the effect of leaving the UK outside of the Lugano Convention of 2007.
Asian Legal Business, Hubbis and eprivateclient report on the firm's expansion in Hong Kong
The firm's Hong Kong office continues to expand with the relocation of Real Estate Partner Simon Green to lead the firm’s focus in Asia.
Charles Russell Speechlys advises Fudco Partnership on sale to Exponent-backed Vibrant Foods
Fudco is a family-owned business selling South Asian ethnic foods in UK and Europe.
Charles Russell Speechlys advises Polar Technology on investment by BGF
Polar Technology Management Group is a holding company for engineering businesses operating at the leading edge of technology.
Electrical safety standards in the private rented sector from 1 April 2021
The Electrical Safety Standards in the Private Rented Sector will apply to existing specified tenancies from 1 April 2021.