parenthood

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
Dec 6, 2023

Case Update: Step-parent adoption order following surrogacy (Re H (Surrogacy: step-parent adoption))

In the recent case, Re H (Surrogacy: step-parent adoption), rather than granting a parental order, the court– at the request of the intended parents – granted a step-parent adoption order. The decision is significant in highlighting the respective benefits of each order. Whilst both orders effectively transfer legal parenthood from the surrogate to the intended Continue reading

case updates, parental orders, parenthood
Aug 17, 2023

Reforming the birth registration process

The issues around the birth registration process following a surrogacy arrangement are multifaceted, where ensuring the rights and recognition of all parties involved is crucial. The social issues surrounding birth registration in surrogacy arrangements extend beyond the legal framework. They encapsulate deeply personal and emotional experiences, societal norms, and values, and potentially effects on identity Continue reading

birth registration, parenthood
Aug 9, 2023

When the worst happens: death on the new pathway (inheritance and beyond)

Trigger warning: Death A previous post explored the position that intended parents, surrogates and children may be left in if death were to occur on the new pathway, focusing on the allocation of legal parenthood. This blog will cover similar issues, focusing on the Law Commissions’ recommendations relating to the rules on succession and intestacy Continue reading

inheritance, parenthood
Jul 26, 2023

Examining the Genetic Link Requirement in Surrogacy Arrangements Through the ECHR Lens

This is a guest post by Dr Marianna Iliadou, a Lecturer in Law at the University of Sussex. Her principal areas of research include cross-border surrogacy and reproductive rights. Titled ‘Surrogacy and the European Convention on Human Rights’, her PhD thesis examined the potential violation of the right to respect for private and family life Continue reading

genetic link, guest post, parenthood
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

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.

reforming surrogacy law

parenthood

Case Update: Step-parent adoption order following surrogacy (Re H (Surrogacy: step-parent adoption))

Reforming the birth registration process

When the worst happens: death on the new pathway (inheritance and beyond)

Examining the Genetic Link Requirement in Surrogacy Arrangements Through the ECHR Lens

About the blog

CONTACT ME

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