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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33811
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I need advise on surrogacy law

Customer Question

i need advise on surrogacy law
Submitted: 6 months ago.
Category: Family Law
Expert:  Clare replied 6 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What would you like to know?

Customer: replied 6 months ago.
i am caught in a very difficult situation and very complicated.My wife acted as a surrogate carrier for her sister,after giving birth instead of putting my name as the father of the baby according to surrogacy law,with pressure from her family she registered the baby on her birth certificate with a family friend as the father.This person is not biologicaly related and he has been put on the birth certificate purely because he was a family friend .Now me and my wife is divorcing because this has ruined our marriage .However my wife now will not co-operate in the divorce as she has made a false details on the birth certificate and it will come out in the divorce case.Has a criminal act been committed?
Expert:  Clare replied 6 months ago.

The falsehood has no bearing on the divorce.

Technically she committed an offence through the false registration.

However all she has to say is that she thought he was or could be the father

There will not be any prosecution and even it came out in the divorce it would have no relevance nor impact.

Customer: replied 6 months ago.
It has become too far gone for that sadly,she has not filed her form e and the court has now issued a penal order against her to do so within a week.She has deliberately falsified the birth certificate and so has this other man.This other man will not co-operate now either and allow his name to be on the form e of my wife as the father.It has had a very serious effect on our divorce and i have been made to pay it.She cannot also say she thought he was or could be the father as the baby has been passed on with other false parental order documents.Also i cannot allow this false trail to be condoned as its my divorce and i do not want to if it comes back onto me .I warned them not to do this as it was not legal but they said it had nothing to do with me and also threatened me with violence if i told anyone about the falsifications.I want a clean break i have had enough of my wife and her families constant threats and false acts.I can no longer be a witness in court for her to say i thought or could be the father,i want it clean and out in the open,its my divorce and form e ,i will not be a witness to lies ,fraud or perjury.
Expert:  Clare replied 6 months ago.

There iI am not sure why you feel this issue is relevant to the finances.

The child is not yours in any way and you are in no way financially liable for it and if there has been a Parental Order that is the end of the matter

The man has no place on the Form E - unless you say that she is now living with him.

The child is of no relevance other than as the cause of the divorce - and that is not relevant to the financial outcome

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33811
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 6 months ago.
She is living with the man now as i have found out via an enforcement agent to serve the divorce papers,but still the man refuses to allow his name on her form e and she will not submit her form e either.I have obtained a penal order against her and she still will not comply.I have even spoken to the man she is living with who is falsely on the birth certificate and begged him to convince my wife to divorce and i will accept all her conditions,i am in a new relationship and need to close this.The man said to me she does not want a divorce and nothing will convince her to do so.Its good to know that i will not be adversely affected by what has gone on .If she will not be prosecuted for what has gone on then there must be another reason why my wife and her family are so un reasonable and were willing to even resort to extreme measures to deter me from the divorce and to face prosecution now as she broken the court order and the penal order is in effect as 7 days have passed as ordered by court.I will continnue with the the divorce as i have no choice,we have property together and another biological child that is mine and my wifes to deal with also .I think from your advise its best to carry on the divorce.Thank you
Customer: replied 6 months ago.
HiI have received a email asking if i had any further questions regarding my original question.I have now served my wife via an enforcement agent with a court order and a penal notice to submit her form e within 7 days and to attend court on the 11th of October.From the report by the enforcement officer my wife was abusive to him at the door and thew the court papers out on the street saying she does not want them.She has now been served officially but i fear she will not respect the court penal notice,i am worried she will end up in prison as the judge said she will send her to prison to make her comply.There is a very small chance she will submit something but it will surely be very misleading on her form e.Under this circumstance ,do i have all the rights for clarification on her form e regards ***** ***** information that i am not satisfied with or is there a limit to what i can ask to be clarified?I will be acting as LiP .
Expert:  Clare replied 6 months ago.

Have questionnaires yet been raised?

Customer: replied 6 months ago.
no,i have completed and submitted my form e,she has not submitted her form e,refused to submit it ,refused to divorce and now refused to comply to the court order to do so and ignored the penal notice
Expert:  Clare replied 6 months ago.

Then yes you can raise any questions that arise from her Form E - including any accounts or assets she has not disclosed

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