For the past year, Claire Fenton-Glynn and Jens M. Scherpe of Cambridge Family Law have been undertaking a research project on the experiences of individuals involved in international surrogacy arrangements under a contract with the Foreign, Commonwealth and Development Office of the UK Government.
Fenton-Glynn and Scherpe have provided training on the law of surrogacy – both in relation to the United Kingdom, and international developments – to FCDO staff, to better equip them to face the legal difficulties that may arise for intended parents, surrogates, and surrogate-born children.
In addition to this, Fenton-Glynn and Scherpe have produced three Guidance Documents for intended parent(s): Guide 1: Planning for international surrogacy; Guide 2: Planning for travel and birth; and Guide 3: Return to the United Kingdom. These guides, which are now published on the Government website, are intended to assist intended parent(s) to understand and plan for the process of undertaking an international surrogacy arrangement, and in particular, it’s legal consequences. These guides were developed following an online survey (the results of which are available on the CFL site) as well as in-depth interviews with civil servants, legal practitioners, NGOs and academics about the practical issues faced by intended parent(s) in this area of law.
In addition to guidance for intended parent(s), Fenton-Glynn and Scherpe also developed a Guidance Document for Foreign Agencies on the UK law of surrogacy. This document is also published on www.gov.uk, and is intended to ensure that foreign agencies – be they government agencies, NGOs, medical clinics, or agents – that work with British intended parent(s) are aware of the legal requirements for the recognition of intended parenthood of a surrogate born child, and can make sure that they are able to provide the intended parent(s) with the relevant information and documents.