The Importance of Legal Representation – UK Surrogate Ruling Allows Surrogate to Keep Custody

Happy Friday! I know that I keep pushing home the idea of making certain that you have an experienced ART attorney helping you when you start your journey.

“A surrogate mother who changed her mind about handing over her baby has been allowed to keep the child.

A judge ruled the mother was better able to meet the child’s needs and said the risks of a surrogacy agreement were “considerable”.

The mother had met a couple over the internet and entered into a surrogacy agreement, an earlier court hearing in Birmingham had been told.

She later changed her mind and refused to hand over the baby when it was born.

‘Relations deteriorated’

The court had heard that the couple, known as Mr and Mrs W, were married in 2005 but their attempts to have a baby resulted in a series of miscarriages.

They met the mother, who has two older children, in 2009 and they agreed she would be inseminated with Mr W’s sperm.

She became pregnant but at some point during the pregnancy relations between the two parties deteriorated, the court heard.

The child, known as T, was born on 16 July, 2010.

Mrs W went to the hospital but said she was made to feel unwelcome by the mother’s friends and family.

Mr W sought legal moves a week later and a judge appointed another woman as the child’s guardian.

Explaining his reasons Mr Justice Baker said at the date of the hearing, T had been five months old.

“The evidence from the guardian is that she is thriving in her mother’s care,” he said.

He also said he did not believe that Mr and Mrs W and the mother had told him the whole truth about a number of matters.

He raised concerns about the mother’s behaviour too, saying that at one point she had adopted a false persona in order to elicit information about Mr and Mrs W.

However, he said he did not believe she had deliberately set out to deceive the couple.

‘Lack of insight’
He also raised concerns about Mr and Mrs W in relation to their involvement with another woman who was known to police and social services.

He said the couple had also shown a “startling lack of insight” as to the child’s needs and any difficulties that might arise if she were moved to their care after the hearing.

The judge has ordered a review hearing for next month to see how matters are progressing.

He also said there would “interim visiting contact” between the father and the child until the hearing.”

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