• Take 5 with…Surrogacy Lawyer Eleanor Tanner

    Meet specialist solicitor Eleanor Tanner at KJ Smith Solicitors and learn how she supports intended parents on their surrogacy journeys.

    Eleanor Tanner Take 5 interview banner

    Tell us about your background and why you decided to specialise in surrogacy law? 

    I have been interested in the law around assisted conception since studying undergraduate law at university. It is a unique and niche topic involving some really interesting, technical law. 

    More than that, though, as a family lawyer, a lot of my work revolves around the breakdown of marriages and parental relationships. I feel really privileged to be able to help my clients through what may be one of the hardest times in their lives. It is extremely special, though, to be able to balance that against also helping clients on the immensely positive journey of becoming a parent, particularly when their pathway may have been incredibly challenging. 

    How does KJ Smith Solicitors support intended parents on their surrogacy journeys? 

    One of the first things we do when someone becomes a client of the firm is send them a comprehensive initial letter of advice. This document clearly sets out the entire surrogacy process and provides clear details about what intended parents should expect throughout the legal process. Clients can then be prepared from the very outset of their case, and even before they have formally started on their surrogacy journey. 

    Expert advice and case management is offered to our clients throughout their case with us. We ensure to keep our clients updated of any developments and to manage all key information, dates and deadlines to ensure their case is progressed smoothly. 

    We appreciate that clients on this journey will require more than expert legal advice, and are likely to also require compassion and empathy from their solicitor. As well as guiding clients through the legal process, we pride ourselves on providing a safe and supportive space on their pathway to parenthood. 

    What would you say to someone considering becoming a parent via surrogacy, who doesn’t know how to begin? 

    Early legal advice is absolutely essential for all intended parents. Surrogacy arrangements are not legally recognised in the UK, even if entered into legally abroad. All intended parents in England and Wales must obtain a Parental Order from the Court in order to be recognised as the baby’s legal parent, regardless of what may have been agreed with the surrogate domestically or abroad.

    This process involves a huge amount of detailed record-keeping from the very outset, even from the point of matching with a surrogate. Intended parents need to be aware of the legal process before embarking on this journey so that they understand what will be expected and required once their baby arrives, and so they can be properly prepared to go through the necessary legal procedures when the time comes. 

    Can you clear up a common misconception clients often have about the surrogacy process in the UK?

    Many people believe that intended parents and surrogates can protect their positions in a surrogacy arrangement by having a solicitor draw up a surrogacy agreement for them. In fact, solicitors are prevented from providing this service owing to stringent laws around the non-commercialisation of surrogacy arrangements. Your solicitor cannot initiate, take part in or

    offer to negotiate on the making of a surrogacy arrangement, and they must not provide clients with information to be used for making or negotiating surrogacy agreements. What your solicitor can do is help you with following the relevant legal procedures to obtain a Parental Order and ensure that the arrangement between the intended parents and surrogates is legally recognised and upheld following the baby’s birth. 

    Why should an intended parent choose to work with KJ Smith Solicitors? 

    We are very proud to emanate our core values in all that we do: going above and beyond, maintaining client focus, dedicating ourselves to continuous improvement, and having empathy, integrity and teamwork at the forefront of our work. At KJ Smith Solicitors we understand that our clients need more than expert legal advice; they need someone understanding and empathetic to guide them through an unfamiliar and perhaps daunting legal process. It is our prevailing dedication to ensuring that our clients feel safe and supported throughout their case, whilst providing expert legal advice, which sets us apart from other firms. 

    What if intended parents are hesitant about the cost of taking legal advice?

    We offer a free initial 45-minute consultation to all new clients and we are currently offering that free consultation to all new surrogacy enquiries, even for people who have previously been clients of the firm regarding other legal matters. Regardless of whether an intended parent chooses to be legally represented through their surrogacy journey, it is our belief that early legal advice is essential and we wish to make sure that everyone has access to that resource regardless of their financial position. 

    How can our readers contact you and find out more about your services?

    You can contact our offices at newbury@kjsmith.co.uk or on 01635 785 100 and one of our friendly reception team will be more than happy to assist with booking you in for a free consultation. Alternatively, you can visit our website for more information about the legal services we offer in the field of assisted conception: 

    kjsmith.co.uk/our-services/surrogacy-and-modern-families

    *This content is sponsored by KJ Smith Solicitors.

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