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Domicile – what does it mean and why is it important if you are having a baby through surrogacy?
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A parental order is the UK legal solution for surrogacy; it is a post-birth court order which makes the intended parents the legal parents of their child and permanently extinguishes the status of the surrogate and her spouse. Parents through surrogacy who want to be the legal parents of their child in the UK need one, wherever they live and whether their child is born in the UK or overseas.
To obtain a parental order, the intended parents must satisfy the family court that they meet the criteria, which include that at least one of them is ‘domiciled’ in the UK, Channel Islands or Isle of Man. To date, the only parental orders which have been refused by the UK court have been applications made where the parents do not meet the domicile criteria, so this is an important and non-negotiable requirement.
Read the full article here.