Surrogacy in UK

Introduction to Surrogacy in UK

What is Surrogacy?

Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman (the surrogate mother) agrees to become pregnant and give birth to a child for another person(s) who is or will become the parent(s) of the child under Family Law.

Surrogacy in UK

Introduction to Surrogacy in UK

The absence of regulation has made the surrogacy in the UK, a complex matter especially when the relationship and communication between the parties break down. A recent case, in which a same-sex couple entered into a surrogacy arrangement/agreement with a heterosexual married couple however due to the breakdown of relationship the surrogate couple refused to adhere to the terms of the agreement and refused to make a parental order, shows the complexities of the surrogacy in UK. The questions a court often has to determine are

  • Where the surrogate child should be raised and which couple should hold the parental responsibilities?
  • Whether the child should have two homes and four parents? (as in above case) or
  • Is there any breach of Article 8 rights of any party involved?

In deciding the complexities of the UK surrogacy under Family law, Courts have given preference to the welfare of the child principle and decided cases on the bases of the best outcome for the child. In this recent case, although the surrogate parents refused to make parental orders, the court decided in the favour of the same sex couple purely on the welfare of the child principle.

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While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legallex does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.

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