Surrogacy: Law, Practice and Policy in England and Wales
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Commentary
CURRENCY: September 2018
The last few years have seen a huge increase in the number of reported decisions concerning surrogacy arrangements, single parent adoptions in a surrogacy or assisted reproduction (AR) context, and private law children disputes in cases with a factual matrix centered on surrogacy or AR. Connected with this trend, is the equally large number of reported judgments warning potential parents, lawyers and clinics, of the significant pitfalls and consequences of not following the appropriate legal framework.
This specialist title sets out the law, procedure and policy relating to assisted reproduction and surrogacy in a practical and accessible format whilst including, where appropriate and with examples, detailed analysis. It enables the reader to identify who the legal parents of a child are when that child is born, who has parental responsibility for that child and how a person who does not automatically share parental responsibility with the mother can apply for it. It also sets out how legal parenthood can be transferred by agreement from the legal parents at birth to new parents by way of a parental order. In particular the book explains the complications that arise when a child is born as a consequence of a commercial surrogacy lawfully undertaken overseas, and there is a chapter dedicated to unraveling the immigration rules that apply when intended parents wish to bring their child into the UK following a foreign surrogacy. In addition to the comprehensive legal analysis, the book provides valuable insight into emotional and psychological issues that arise when donated eggs are used in surrogacy, and explores the child welfare implications of family secrets within this context.
The final chapter of the book examines the extent to which the law governing surrogacy in England and Wales is fit for purpose and considers the case for law reform in this area.
Contributors
Ruth Cabeza, Victoria Flowers, Eirwen Pierrot, Anita
Rao
All barristers, Field Court Chambers
Barry O’Leary
Partner, Wesley Gryk Solicitors LLP
Lillian Odze
Family Court Advisor, Cafcass High Court Team
The last few years have seen a huge increase in the number of reported decisions concerning surrogacy arrangements, single parent adoptions in a surrogacy or assisted reproduction (AR) context, and private law children disputes in cases with a factual matrix centered on surrogacy or AR. Connected with this trend, is the equally large number of reported judgments warning potential parents, lawyers and clinics, of the significant pitfalls and consequences of not following the appropriate legal framework.
This specialist title sets out the law, procedure and policy relating to assisted reproduction and surrogacy in a practical and accessible format whilst including, where appropriate and with examples, detailed analysis. It enables the reader to identify who the legal parents of a child are when that child is born, who has parental responsibility for that child and how a person who does not automatically share parental responsibility with the mother can apply for it. It also sets out how legal parenthood can be transferred by agreement from the legal parents at birth to new parents by way of a parental order. In particular the book explains the complications that arise when a child is born as a consequence of a commercial surrogacy lawfully undertaken overseas, and there is a chapter dedicated to unraveling the immigration rules that apply when intended parents wish to bring their child into the UK following a foreign surrogacy. In addition to the comprehensive legal analysis, the book provides valuable insight into emotional and psychological issues that arise when donated eggs are used in surrogacy, and explores the child welfare implications of family secrets within this context.
The final chapter of the book examines the extent to which the law governing surrogacy in England and Wales is fit for purpose and considers the case for law reform in this area.
Contributors
Ruth Cabeza, Victoria Flowers, Eirwen Pierrot, Anita
Rao
All barristers, Field Court Chambers
Barry O’Leary
Partner, Wesley Gryk Solicitors LLP
Lillian Odze
Family Court Advisor, Cafcass High Court Team
