parenthood
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International Surrogacy Arrangements (Part 1): Legal Parenthood
Although the analysis and recommendations relating to cross-border surrogacy arrangements are contained in the last chapter of the Final Report, this does not mean that the issue is less important than the rest of the report. Far from it, international arrangements are increasingly common, and it is thought that almost half of surrogate-born children in Continue reading
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Case Update: Home Insemination (AY & Another v ZX)
The case of AY & Another v ZX, published this week, provides judicial confirmation that s54 Human Fertilisation and Embryology Act 2008 applies to private surrogacy arrangements, granting parental orders to twin children that had been conceived through home insemination. Background to the case Despite a relatively straightforward factual matrix, the case was referred from Continue reading
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Parental Responsibility
Parental Responsibility is a legal responsibility all parents have at birth of their child. In addition, the court can grant parental responsibility to other adults involved in the child’s life where they deem it appropriate. Parental responsibility confers individuals the right to exercise decisions over the child’s day-to-day care, and appoints them individual and financial Continue reading
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Regulated Surrogacy Statements: The Gateway to the Pathway
The recommendations within the Law Commissions’ Final Report relating to the allocation of legal parenthood following a surrogacy arrangement centres on establishing a new pathway. Provided that the surrogacy arrangement is eligible to progress on the new pathway, and that all safeguards are met, the intended parents would be recognised as the legal parents from Continue reading
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Legal Parenthood (Part 3): Parental Orders
The new pathway, which would recognise the intended parents as the child’s legal parents from birth, would be hoped to capture most domestic surrogacy arrangements. The details of the recommendations for the new pathway have been covered by a previous post. However, the necessity for judicial oversight and determination of legal parenthood will remain in Continue reading
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Legal Parenthood (Part 1): A Summary of the Different Paths to Parenthood
Arguably, the most significant recommendation within the report is to change the way in which legal parenthood is allocated following surrogacy. As explained in an earlier post, under the current legal framework, the surrogate (and her spouse, if applicable) will be the legal parents of the child at birth. In order for the intended parents Continue reading
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The Final Report and Draft Bill: An Overview
Today, the Law Commission of England and Wales and Scottish Law Commission released their Full Report and Draft Bill, along with supporting documents. The long-awaited report is very much welcomed, but does not mean that law reform is imminent. It is now in the hands of the Government to decide whether to take the recommendations Continue reading
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The Law Commissions’ project and provisional proposals
The work of the Commissions The Law Commission and Scottish Law Commission are independent bodies, established to review existing law and make recommendations for reform. The work relating to surrogacy undertaken by the Law Commissions began in 2017, when surrogacy was included in the 13th Programme of Law Reform. The mandate for the law Continue reading
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Why reform is needed: the current legal framework
Before being able to consider the Law Commissions’ proposals and report, it is worth restating the current legal framework to better understand why a review and reform of the law was deemed necessary. Surrogacy arrangements A surrogacy arrangement is when a woman agrees to carry and give birth to a child with the intention for Continue reading
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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Recent Posts
- Another anonymous surrogacy case, another judicial warning – how many before the court draws a line?
- Recent Round Up
- Case Update: International adoption rules in a surrogacy context (C & Another v E)
- Best interests in the development of surrogacy regulation
- Renewed warnings of the risk of international surrogacy arrangements: X v W & Another and Re Z (Unlawful Foreign Surrogacy: Adoption)
reforming surrogacy law 