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02 September 2020 / Fiona Lyon
Issue: 7900 / Categories: Features , Family , Covid-19
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Family: The surrogacy journey

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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

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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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