Specialist Family Lawyers Call For Clear Process

The High Court battle between a mother and gay couple regarding the future of a baby girl has raised clear questions on the legal framework for surrogacy in the UK, according to specialist family lawyers.

The case, heard in London and Birmingham, revolved around the woman’s claim that she had agreed to be the primary parent of the child, although the father and his boyfriend stated she had consented to being a surrogate for them.

While the case was heard earlier this year, the decision in the case has now been published and revealed that Ms Justice Russell believed it would be in “the best interests” of the girl to live with her father.

The judge added: “The pregnancy was contrived with the aim of a same-sex couple having a child to form a family assisted by a friend.”

According to specialist family lawyers at Irwin Mitchell, the decision highlights the consequences that those locked in surrogacy disputes face in the UK and why changes to the system need to be considered.

Expert Opinion

"The key issue raised by this case is that the UK lacks a clear, comprehensive legal framework to cover the concept of surrogacy. <br/> <br/>"A number of countries including the US have a proper process that those involved in surrogacy must undertake. Such systems would see all of those involved make a clear agreement regarding the future of the child and who will care for them, as well as in some instances have psychological screening. The process is legally regulated which provides greater certainty for the surrogate, the intended parents and ultimately the child. <br/> <br/>"The UK however does not have such an approach in place, meaning that although the vast majority of surrogacy arrangements conclude amicably, if a surrogate mother was to change her mind the only recourse for the other parties involved would be to head to the courts. <br/> <br/>"Considering how emotionally draining and time-consuming a legal battle of this nature can prove to be, this case perhaps indicates that the time is now right for the current legislation in this area to be reviewed."