header-logo header-logo

21 October 2011 / Laura Bednall
Issue: 7486 / Categories: Features , Child law , Family
printer mail-detail

Distant relatives

Laura Bednall tells a cautionary tale of international surrogacy

As increasing numbers of people across the globe are turning to surrogacy agreements to fulfil their hope of having a family, governments and courts are finding they need to reassess the policies and legislation which govern the regulation of surrogacy agreements. While surrogacy has been propelled into the media through high-profile court decisions and celebrity endorsement, the existing legislation has been far outpaced by medical advances. It is becoming clear that our domestic law is not really suited to the escalating demand for surrogacy, particularly on an international scale.

Recently introduced legislation has, for the first time, provided same-sex couples and single people with the opportunity to start families of their own, resulting in a rapid expansion of the commercial surrogacy industry. Due to limitations of domestic law, international surrogacy agreements are proving to be the most convenient forum for many commissioning parents. This growth in international demand has seen the conflicting laws and practices of different countries create a legal minefield for commissioning parents in this country as the courts struggle to balance the right

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll