Gay Couple’s High Court Battle ‘Shows Need For Surrogacy Framework’

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.