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Make sure you know your rights with regard to surrogacy

Make sure you know your rights with regard to surrogacy

Caroline Andrews


You may have seen in the news recently a 30 year old man is in the process of suing the surrogate that he met through an Agency for breaching the terms of their Surrogacy Agreement. 

This is due to the fact that the surrogate mother refused to hand over the baby on birth after the death of the man’s partner prior to the birth. 

In an extremely unusual circumstance where a surrogate has refused to hand over a child, the man is now trying to enforce the Surrogacy Agreement which currently are not recognised in England and Wales.  The law considers the surrogate mother as the legal parent on a birth certificate until a parental order transfers the legal parent status to the intended parents.  However this has not occurred in this case and it will be interesting to see how this develops as to whether surrogacy agreements will be viewed as enforceable in the future.  This is a notable matter given the recent calls and consultation on the proposed changes to the Surrogacy Act 1985 including looking at orders prior to a birth of a child. 

Contact our family law team on 01277 268 368 or via email if you require advice.