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16 December 2010
Issue: 7446 / Categories: Legal News
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Shift in surrogacy law

Transferring legal status from surrogate mother a “difficult balance”

A British couple who paid for a surrogate birth in the US have been recognised as the child’s parents.

Surrogacy is legal in the UK as long as no more than reasonable expenses are paid to the surrogate mother.

In Re: L (a minor) [2010] EWHC 3146 (Fam), Mr Justice Hedley made a Parental Order and retrospectively authorised the payment of the mother, which exceeded “reasonable expenses”. The baby, which entered the UK on a US passport, would potentially have been stateless and parentless had the court made a different decision.

The ruling gives hope to intended parents that the courts will generously interpret surrogacy arrangements where the mother makes a profit.
Hedley J said in his judgment: “There is no doubt that the agreement was wholly lawful under the law of Illinois just as there is no doubt that it would continue to be unlawful under the 2008 [Human Fertilisation and Embryology] Act in this country. The reason is simple: no payments other than reasonable expenses are lawful here where no such restriction applies in Illinois. It is clear to me that payments in excess of reasonable expenses were made in this case.”

However, Sarah Anticoni, family partner at Charles Russell LLP, says the decision does not herald as radical a shift in the law of surrogacy in England as has been reported. “Those who long for a child may be given hope that, in certain circumstances, courts will generously interpret the payment of ‘reasonable expenses’ to a surrogate parent,” she says. “This has always been as Parliament intended. When deciding on whether or not a parental order should be made under the Human Fertilisation and Embryology Act (transferring the legal status of parent from the surrogate mother) the court has to carry out the difficult balancing act between the individual child’s welfare and the public policy fear that surrogacy never becomes the trading of children for commercial gain.”
 

Issue: 7446 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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