Who are the legal parents of a child born through a surrogate?

When the child is born, under English and Welsh law the surrogate will automatically be the legal mother of the child. If the surrogate is married or in a civil partnership, then their partner will be the other parent of the child initially. 

The intended parents will need to apply for a parental order within six months of the child being born, in order to become the legal parents of the child. Married or civil partnership couples are able to apply for a parental order. For single parents the law is a little more complex. 

It can take several months for a parental order to be granted and the intended parents must meet the various criteria which include:

  • Being biologically related to the child (and if a couple, a least one must be child’s biological parent)
  • Have the child living with you
  • Reside permanently in England or Wales.

When the parental order has been granted by the court, the child’s birth certificate will be re-issued with the intended parents recorded as the legal parents. 

What is the keyworker death in service payment?

It’s a new guarantee on death in service benefit, which the Government has recently announced, for frontline health and care staff, during the Coronavirus pandemic.  Families of eligible health and care workers on the frontline in England, who die from coronavirus in the course of their frontline essential work, will receive a £60k payment.  

Visit the Government website
Do I need to a Grant of Probate to get the keyworker death in service payment?

It will be necessary for the person claiming this benefit to provide either a Grant of Probate or Letters of Administration.  These are legal documents which are obtained as part of managing a deceased person’s estate.  This is because one or other of these documents would determine to whom the lump sum should be paid. You can ask a solicitor to help you to obtain these documents.

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Tees coronavirus update

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As a flexible and technologically-adept firm, we already had many home-working systems in place. We have now rolled this technology out to all our employees working for clients, so they can continue to work normally - and from home.

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