Jonathan Herring reports on surrogacy dilemmas
Many people rejoiced with Elton John and David Furnish at the birth of their child on 25 December 2010. The child was born as a result of a surrogacy arrangement, which succeeded. Sadly, it is not always such plain sailing for commissioning parents. A surrogate mother gives birth, but refuses to hand over the baby to the commissioning couple. What should happen? Many an hour has been spent by law students considering such a dilemma, many a month by some law professors!
In essence that was the issue in Re T (a child) (surrogacy: residence) [2011] EWHC 33 (Fam), [2011] All ER (D) 171 (Jan). Mr Justice Baker opened his judgment by noting the grave dangers of entering a surrogacy arrangement. The “natural process of carrying and giving birth to a baby creates an attachment which may be so strong that the surrogate mother finds herself unable to give up the child. Such cases call for careful and sensitive handling by the law”.
A lukewarm response
The law’s response to surrogacy is lukewarm at best.
