header-logo header-logo

Family: The surrogacy journey

02 September 2020 / Fiona Lyon
Issue: 7900 / Categories: Features , Family , Covid-19
printer mail-detail
26578
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
back-to-top-scroll