header-logo header-logo

02 September 2020 / Fiona Lyon
Issue: 7900 / Categories: Features , Family , Covid-19
printer mail-detail

Family: The surrogacy journey

26578
Fiona Lyon discusses the legal & practical steps for modern families in surrogacy arrangements
  • Pathway to surrogacy.
  • Criteria.
  • Parental orders.
  • COVID-19 and international surrogacy.
  • Caselaw update.

Surrogacy arrangements date back to biblical times but gained real potential after 1978 when the first baby was conceived via IVF. This innovation pioneered further medical advances in the field of childbirth. In 1982, the first baby was born via egg donation and the first gestational surrogacy was achieved in 1985, with no genetic link between birth mother and baby. However, surrogacy gained bad press early on following the controversial surrogacy case of ‘Baby M’ in the US in the mid-1980s. This was a case where the surrogate had a biological link to the baby and refused to relinquish her parenthood following the birth. A two-year custody battle ensued with the intended parents being granted custody and the surrogate having visitation rights. This is, fortunately, a rare occurrence.

The growth of surrogacy arrangements has increased dramatically over recent years, with the oldest recorded surrogate being aged 61 who gave birth to her

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