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Family Law

The leading authority on all aspects of family law

21 OCT 2010

SURROGACY/ IMMIGRATION: Re K (Foreign Surrogacy) [2010] EWHC 1180 (Fam)

(Family Division; Hedley J; 28 May 2010)

Twins born in India as result of a commercial surrogacy agreement were handed over at birth to the applicants who were habitually resident in England. The applicants sought a parental order and entry clearance for the children. The court was unable to proceed with the case until the children were in the country. The applicants sought an indication of the likely outcome of their application to assist with entry clearance. The judge was not prepared to give such an indication, but did make obiter comments indicating that a range of key conditions were satisfied.

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