- Employment & HR
- Financial Planning
- Later Life Support Team
- Litigation & Dispute Resolution
- Long Term Care Planning
- Power of Attorney
- Probate & estates
- Residential Property
- Tax & Trusts
- Wills and Inheritance
Deciding to start a family is central to many people’s lives. Whatever your circumstances expert legal advice from us will empower you to make informed decisions and give you options on your route to parenthood.
Surrogacy in the UK
In recent years surrogacy has increased in the UK. It is important to obtain advice prior to conception to understand the legal process and so that we can assist you through your journey. At Mogers Drewett we provide sensitive supportive and advice on:
- Surrogacy legal planning
- Acquiring parental rights – Parental Orders
- International surrogacy
- Surrogacy disputes
Adoption is a life-long commitment. Whilst there will be challenges involved in becoming a parent, there are also huge rewards. We can provide advice on the following:
- Single parent adoption
- Step parent adoption
- International adoption
The family team are ranked in both Chambers & Partners and the Legal 500:
Compact and experienced team which regularly acts for high net worth individuals across the South West, and is increasingly active advising on international family cases. Highly thought of for its work on financial remedy matters together with related tax and pension issues. Also handles private children matters, including child and parental alienation cases.
Chambers & Partners 2018
Mogers Drewett LLP’s team is led by Victoria Strode, who handles a broad range of family matters, and specialises in financial matters involving agricultural and farming disputes. Collaborative practitioner Rebecca Silcock has strong expertise in financial disputes, particularly those involving businesses, pensions and trusts. The team also assists on pre-nuptial and cohabitation agreements and has experience of advising on private children law matters including removal from the jurisdiction, residence and contact issues.
Legal 500 2017
If you require cohabitation advice, please get in touch with our family team for a no obligations conversation, or alternatively make an appointment to meet with a member of our team. You can speak to us on 0800 533 5349 or reach us on email at email@example.com.
Surrogacy in the UK Frequently asked questions
Yes, surrogacy is legal in the UK, unless it can be considered to be a commercial transaction.
The law prohibits advertising for surrogates and commercially arranged surrogacy (such as using an agent to arrange the surrogacy for you). This can make finding a surrogate difficult although there are voluntary organisations that can assist.
In short, no.
Under UK law, the surrogate mother will be the child’s legal mother and have Parental Responsibility (PR) for the child.
Who is treated as the child’s father/second parent will depend on a variety of circumstances.
PR for the child will need to be transferred and assigned to you and your partner by applying for a Parental Order.
A Parental Order gives the intended parents the legal rights and responsibilities they need to make their child a legal member of their family.
An application will need to be made to the Family Court. The intended parents must satisfy the Court that they meet all of the necessary criteria. These include:
- There must be a genetic connection between one of the intended parents and the child;
- At present the intended parents must be married, in a civil partnership or be two people who are living as partners in an enduring family relationship. Both parties must also be over 18;
- The application must be made within 6 months of the child’s birth;
- At the time of the application and the making of the order, the child’s home must be with the intended parents and one of the intended parents must be domiciled in the UK;
- The surrogate mother must fully consent to the Parental Order, understanding that she will be giving up all parental rights. The necessary consent cannot be given until the child is at least 6 weeks old;
- No more than reasonable expenses must have been paid or the Court must agree to authorise the payments retrospectively.
Tom and Ellie are married, live in the UK and wish to have a baby through a surrogate.
They have been in contact with various voluntary agencies to find a surrogate. Tom and Ellie find Hannah who agrees to be a gestational surrogate. Hannah is married to John who consents to the process.
There are also other issues that need to be considered at this time. Those issues are whether to begin the preparatory work in making an application for a Parental Order, considering immigration issues if surrogacy is happening abroad, and the intestacy rules that will apply whilst waiting for the Parental Order.
Hannah receives IVF treatment using Ellie’s egg and Tom’s sperm.
Under UK law, when the baby is born, Hannah is the legal mother and John will be the legal father even though neither of them have a genetic link with the child.
To transfer legal parenthood and Parental Responsibility, Tom and Ellie instruct a solicitor to apply for a Parental Order. The Parental Order will ensure that the rights of Hannah and John are extinguished and Ellie and Tom will become parents of the child.
Their solicitor makes an application to the local family court.
The Court will list a short hearing and appoint a Parental Order Reporter from Cafcass. The Reporter will look at the situation and advise the Court whether there are any reasons why the Parental Order should be refused. There will also be a further hearing, known as a final hearing, where final submissions will be made.
Once the Parental Order is made, the birth will be re-registered to record that Ellie and Tom are the legal parents and a new birth certificate will be issued.
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What our clients say
I now understand the importance of good representation. I know I have received the highest level of service and excellent value for money. I would have no hesitation in recommending your services to others in the future.Family Client
Thank you again for your continued outstanding service & client care. Every time you are involved things are that little bit easier.Residential Client
It has been a pleasure dealing with you, from the Switchboard to the Partners and I look forward to working with you again.Private Client
Many thanks, I wish all lawyers were as good as you.Litigation Client
As we have discussed many times recently the market is very limited and it takes considerable effort and tenacity to see these deals through on behalf of our clients. We are very grateful to you and your team.Manager Bath Estate Agency
It is easy to feel intimidated, initially, by such a large and impressive business as yours, but my recollection is that every single person I spoke with from day one has been friendly, approachable and respectful. What a difference that has made.Family Client
You are great at what you do combining just the right amount of personal and professionalism which brings about total confidence in me as your client.Family Client
Just a note to let you know how impressed we have been from start to finish. Highly professional, flexible, helpful and personable. It’s a pleasure to work with you.Darren & Emma
I just wanted to say a big thank you for your help over the past twelve months. It’s been a very difficult time and a huge relief to be able to finally put this behind me & start a fresh.Family Client
You were recommended to me by a friend. From the first interaction with you, I was put at ease. You seemed to have an intuitive sense of my wishes with regard to the case. The correspondence was always prompt and clear. I am so glad I found you!Family Client
We needed quick action over the Christmas period, and you performed impeccably. Your staff are friendly, competent and above all quick to communicate over email so that no time was wasted. We'd have no hesitation in using you again.Bill & Joanna
Tom Chiffers, Gemma Harwood and Matthew Dunford between them have assisted me with the resulting winding up of estates and probate process, the sale of two properties and purchase of another, and finally the making of my own will. In short I have been so impressed with the efficiency, professionalism and attention to legal detail demonstrated by Tom, Gemma and Matthew. They have made a very difficult and stressful process much much easier and are great representatives for your firm.Rachel Hughes-Goodchild
The service we received was fantastic. You kept us informed throughout and provided advice when needed, which was particularly helpful. Emily has even recommended you to a colleague of hers.Matt & Emily
You have a broad portfolio of legal expertise which is all available under one roof, and we felt confident in your ability to represent our interests in a very ‘easy to use’, professional, pro-active and flexible manner. Framptons Transport Services have no hesitation in recommending you.Paul Frampton Framptons Transport Services
You really did make a very big difference to each of us and helped with the process in a professional but understanding/caring way.Family Client
Over the past year I have had cause to use the services of Mogers Drewett in respect of the death of both of my parents. Whilst my Father's death was anticipated, my Mother's was very unexpected. Tom Chiffers visited her in hospital to reassure her that her affairs were all in order and I know that she felt great faith in him. I send sincere gratitude for the excellent representation and will have no hesitation in recommending Mogers Drewett to others.Rachel Hughes-Goodchild
Mogers have greatly assisted with the development and progression of our business. Their knowledge and experience have assisted greatly not only from our business perspective, but from our client's with regard to the delivery speed and cost of our product offerings. The personnel, both within the commercial and property departments have always worked with the up-most efficiency, providing quick and accurate responses whilst always taking into account our commercial position. A pleasure to work with.Global asset management company
May I take this opportunity to thank you, Andrea for your thorough and helpful service – for which my wife and I are very gratefulResidential Client
Thank you for all your help with the conveyancing. It was a very stress free process and we are very grateful for your time and effort in helping us purchase our new family home.Annie & Julian
Peter, Guy and I would like to say how grateful we are for all you have done with our selling and buying. We will recommend you to anyone we hear is buying or selling a house as we know no stone will be left unturned.Residential Client
Many thanks for your invitation to drinks and canapés at Sherborne Castle. It was a lovely evening and good to meet members of staff from your various branches and in future to be able to put a face to a name. Thank you againMr & Mrs Berryman
My wife and I thoroughly enjoyed the Mogers Drewett drinks party on Wednesday evening . You attracted a good mix of professionals and loyal clients proving that the amalgamation will receive strong support from the indigenous regional population. Thank you for inviting us and I will look forward to more business with your firmMark
I found your advice very informative and extremely helpful. You are the first solicitor I have spoken with who really understood my situation from all angles re property in joint and sole names and the company position. Thank youFamily Client
The last ten months, as for anyone who has been through a bereavement, has not been easy and has been an eye opener as to how much we collect, and the paperwork we keep, just in case we should need it, sometimes when the account or case is closed. But, I think I can speak for both of us, when I say it was so much easier having both Gemma & Matt along giving help, advice and support when it was most needed. We did appreciate the very quick response you gave with emails and letters etc, and the professional and prompt manner in which you dealt with our business. We will of course, not hesitate to recommend Mogers Drewett to others.Private Client
It has been a difficult 18 months, with my father falling ill and subsequent death in December. Selling my parent’s home and dealing with my father’s estate was not easy and at times very emotive. You have made it easy and straightforward and I really appreciate all you have done. I shall certainly recommend your firm to friends in SomersetMiss S L Jones, Winchester, Hampshire
I'd would like to take this opportunity to thank you Matt for his work during our house purchase. We were somewhat in the dark as to how a lot of this worked and you did a really great job of keeping us up to speed! We can't wait to finally get the keys and be in on Monday. Certainly if any of our friends require similar conveyance services in the future we'll be sure to recommend you and Mogers Drewett.Residential Property Client
Thank you very much for you and your team's excellent work and professionalism, in handling and progressing the sale, which has all gone very smoothly. It is much appreciated and I am very pleased that I have received really excellent service from Mogers Drewett from Margaret, Megan and also previously from Zena and Corinna in the other matters of Power of Attorney and Deputyship. This is obviously why my parents used your services when they were able to deal with their own affairs.Mr & Mrs Bryne
I would like to thank you for your assistance during my recent house purchase. Margaret made the whole transaction easy to follow and stress free, I will be singing your praises to my friends and colleagues.Mr Clive Handford
I just wanted to say a huge thank you for your help and advice yesterday. I know it's your profession but I feel pretty confident having you on my team .John Kennedy Oyster Property Limited
Now I am safely inside the new house I would like to thank you for your exemplary handling of the conveyancing for the purchase of Pinkwood. I will have no hesitation in recommending you wholeheartedly to anyone looking for such a service in future. As discussed a few weeks ago, I will likely be in touch in the next few months when my partner looks to buy into the house so that we can get her name on the deeds.Residential Client
Just a note of thanks - we really appreciated your calm clear head and tremendous patience and forbearance. We are sorry it has been unnecessarily fraught at time, but we have admired your persistence and quick thinking. You have shown yourself to be very good at what you do, and we see it and are very grateful for it.Agriculture Client
I just wanted to say a HUGE thank you for all your help with our move. You were absolutely fantastic at dealing with all the many, many problems and delays!Residential Client
Just a brief, belated, note to say thank you for all your help in sorting out the administration of my late Mother's estate. It is a great relief to know this matter is now settled and without your efficient handling of the matter I'm sure would have taken many months more.Private Client
On behalf of my family I would like to thank you for the tremendous work you did in securing Probate so rapidly. It was certainly a close run thing as we exchanged yesterday and today was the final day before the buyer would have had to inform his mortgage providers that there may be a delay so a huge sigh of relief by all.Private Client
Thank you so much for letting me know and thank you so much for all your help with this purchase. You were amazing and brilliant at dealing with everyone.Residential Client
Thank you so much for all your work regarding Vale View, it is greatly appreciated. It has not been the best of years and you have really helped make it so much easier than it could have been and for that I am very grateful.Residential Client
I would like to thank you for all your hard work sensitivity and support over the past months. Thank you for the chats, tea and at times laughter in what has been an emotional period - much appreciated.Private Client
Thank you so much for your work on getting our house done. Your knowledge, professionalism, sanity and humour have been greatly appreciated in some pretty stressful and trying conditions THANK YOU!Residential Client
My thanks to pam and Rory for your prompt and efficient handling of my mother's estate.Private Client
Thank you so much for the extremely prompt transfer! First Direct were impressed as well!Private Client
May I take the opportunity to thank you for your services, which were superb, I thought your response times were brilliant and I would take pleasure in recommending you and your Firm to anyone. Best wishesResidential Client
If you want a specialist solicitor in this area, that's Jonathan. He's a very decent chap and a long-standing agriculture specialist. He's very good.Agricultural Client
Sean has great breadth of knowledge.Employment Client
Rebecca Silcock is one of the most meticulous and detailed family lawyers that I ever deal with.Family Client
Maeve is absolutely fantastic - she's grounded and you can trust your case is in good hands, she always knows the facts.Dispute Resolution Client
David has very good interpersonal skills and puts lay clients at ease.Private Client
Thank you for the extra mile that you and your colleagues went and the patience shown. I know there was the odd bump in the road but it has all ended well and we all hugely appreciate the work you put in to get this over the line.Residential Client
Victoria was absolutely fantastic! From day one she made every effort to understand my needs and strived to achieve the best possible outcome for me and my son. She listened and gave excellent advice in any matter; nothing was too small or too much for her.Family
Her quick responses and communication via email were reassuring and allowed me to focus on my divorce in my own time without it interfering with my job. I hope I never have to recommend a solicitor for divorce to anyone, but if I did I wouldn't hesitate in putting Victoria's name forward.Family
I just wanted to drop a note to say how impressed we are with Kate Norris, and everything Kate is doing for my father’s elderly cousin. Her affairs are particularly complicated as - until she was widowed three years ago - she lived much of her life in America. There is the further complication that she is currently in Bridgemead after a fall last summer, though hoping to be home soon. Through all this Kate has been such a support - wading through the complicated transatlantic paper work, ironing out all the snags, rationalising her affairs, being a regular visitor, and all in all being a great comfort to her. Bravo Mogers! Kate is a true gem.Private Client