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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
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‘parliamentary time does not allow for these changes to be taken forward at the moment’: interim response received
Earlier this month, an interim response to the Law Commissions’ Final Report and Draft Bill on recommended changes to the law on surrogacy was received. The letter from Maria Caulfield MP, Parliamentary Under Secretary of State for the Department of Health and Social Care, thanked the Law Commissions for the comprehensive and detailed report, stating Continue reading
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The genetic link requirement and the child’s identity
In December 2022, I presented a paper at the Future Directions in Surrogacy Law conference considering the genetic link requirement within s54 Human Fertilisation and Embryology Act 2008. At the time of the conference, the Law Commission had provisionally proposed removing the genetic link requirement in cases of medical necessity. I had argued that the Continue reading
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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
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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
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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
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International Rights Frameworks: Are the Law Commissions recommendations for reform conforming to international legal standards?
International legal compliance requires the UK to fulfil its obligations and responsibilities as outlined in international agreements, treaties, and conventions. This commitment involves aligning domestic laws and policies with international standards and implementing international agreements. The UK’s legal system follows a dualist approach, thus international law does not automatically become part of domestic law unless 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.
CONTACT ME
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)
