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Lessons to be learnt from other jurisdictions in surrogacy regulation? The 2nd International Surrogacy Forum
Earlier this month, the 2nd International Surrogacy Forum took place in Copenhagen, providing an opportunity for academics, lawyers and clinicians from around the world to come together and share current practices and insights into the regulation of surrogacy within their jurisdiction. Hosted by Aalborg University, and the Nordic Centre for Comparative and International Family Law… Continue reading
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International Surrogacy Arrangements (Part 3): The UK as a surrogacy destination
Opting for the UK as a surrogacy destination does not appear to be a common route for foreign intended parents. This may be due to the non-commercial nature of surrogacy in the UK as well as a perceived shortage of available surrogates. Nonetheless, the Law Commissions have expressed concern about any changes in the law… Continue reading
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International Surrogacy Arrangements (Part 2): Entering the UK
As outlined in an earlier post, the bulk of the recommendations made in the Final Report do not apply to international arrangements, thus meaning that intended parents who engage with surrogacy in another jurisdiction will have to continue to follow the parental order process in order to have their legal parenthood established. However, aside from… Continue reading
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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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Employment law protections following surrogacy
Welcoming a new-born into the world is a life-changing moment that requires time and care for both the child and the parents. In recognition of this, statutory maternity/paternity leave and pay provisions have been established to ensure that new parents can take time off work to nurture and bond with their babies. However, the current… Continue reading
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Reforming the Surrogacy Arrangements Act 1985 – matching, advice, and advertising
As part of the Law Commissions recommendations in the Final Report, they have anticipated that the new pathway would include the following aspects: However, the aforementioned elements of the new pathway are currently governed by the Surrogacy Arrangement Act 1985 (SAA), which has been said by the Law Commissions to take a “tolerant” approach to… Continue reading
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Access to information: the Surrogacy Register and beyond
Ensuring that a surrogate-born individual has the ability to access information relating to their origins, including the nature of their birth and both genetic and gestational parents, is an emerging issue. It is now more widely recognised that a surrogate-born child has not only a vital interest in knowing this information, but a substantive legal… 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
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)
reforming surrogacy law 