consent

Nov 6, 2025

Another anonymous surrogacy case, another judicial warning – how many before the court draws a line?

As reported in previous blog posts, there have recently been several cases where the court had to determine whether a parental order (or adoption order) could be granted in favour of intended parents after they had engaged in a cross-border surrogacy arrangement with an anonymous surrogate. Last month, in B & Another v D & Continue reading

case updates, consent, parental orders, parenthood
Feb 13, 2025

Case Update: Anonymous surrogacy and consent (Re H (Anonymous Surrogacy))

In a judgment reported last week, Sir Andrew Macfarlane, the President of the Family Division, had to determine whether a parental order could be granted in favour of intended parents in circumstances where the surrogate was not able to be identified so as to provide consent. The case raises important points in relation to the Continue reading

case updates, consent, international arrangements, parenthood
Nov 29, 2024

Case Update: Inability to consent to a parental order (R & Anor v A & Anor)

In a reported judgment this week, the court was required to consider the interpretation and application of s 54(7) Human Fertilisation and Embryology Act (HFE Act) 2008, in the most tragic of circumstances. Following a difficult pregnancy, the surrogate suffered respiratory arrest during the caesarean section owing to a reaction to anaesthesia. This left her Continue reading

case updates, consent, parental orders, parenthood
Mar 14, 2024

Case Update: Adoption order following surrogacy (three’s a charm) (Mr & Mrs J v Mr & Mrs P and others)

Although adoption orders following a surrogacy arrangement are not common, this is the third such reported case in a short period of time. The judgment, published in March, concerned an application for adoption of a child born of a traditional surrogacy in 2005 meaning that by the time of the hearing, the surrogate-born individual was Continue reading

adoption, case updates, consent, parenthood
Mar 6, 2024

Case Update: Refusal of step-parent adoption order following surrogacy (Re Z (Surrogacy: step-parent adoption))

Earlier this year, another reported judgment considered whether a step-parent adoption order could be granted to re-allocate legal parenthood following surrogacy. Re Z (Surrogacy: step-parent adoption) concerned an application for a step-parent adoption after an earlier decision that a parental order could not be granted. On the facts, the application was refused. This post examines Continue reading

case updates, consent, parental orders, parenthood
Jul 20, 2023

Case Update: Permission to withdraw parental order application (A v B and others)

The judgment of A v B and Others, decided last week, demonstrates the complex factual circumstances that the court can be left to unpick in relation to surrogacy, donated gametes and arrangements for children’s care. Background to the case The approved judgment that has been published relates to just one hearing of several concerning two Continue reading

case updates, consent, parental orders, parental responsibility
Jul 17, 2023

When the worst happens: death on the new pathway (implications for legal parenthood and birth registration)

Trigger warning: stillbirth and infant loss, birth trauma, death. Any pregnancy typically carries with it the expectation of a safe arrival and birth of a healthy baby. However, it is important to acknowledge the possibility of an unforeseen and tragic outcome such as the loss of the baby, death of the surrogate, or even one Continue reading

birth registration, consent, parental orders, parenthood, pathway
Jun 26, 2023

The New Pathway in Focus: The Surrogate’s Right to Withdraw Consent

Following initial posts providing an overview of the Law Commissions Final Report, it is necessary to explore some of the contentious aspects of surrogacy arrangements and the impact of the suggested reforms. Surrogacy may invoke political and ethical debate relating to, for example the exploitation of women and how to balance and promote women’s rights Continue reading

consent, parental orders, pathway
Apr 5, 2023

Legal Parenthood (Part 2): The New Pathway

Changing the way in which legal parenthood is allocated following a surrogacy arrangement is one of the key recommendations proposed by the Law Commissions’ report and draft bill. Allowing the intended parents to be legal parents from birth would be a fundamental change from the existing legal framework and, therefore, a large part of the Continue reading

consent, parenthood, pathway, RSO, RSS

About the blog

Welcome to the Reforming Surrogacy Law blog, created by Lottie Park-Morton.

This blog will provide regular updates and insights on the development of potential law reform relating to surrogacy, in light of the Law Commissions’ report and draft bill.

All posts are authored by Lottie, unless otherwise stated. Aimee Morgan, a research assistant on the project, is also a contributor.

All views and errors are our own.

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