surrogacy law

Sir Nicholas Wall, the President of the High Court Family Division, has made public his decision to give parenthood to the British parents of twins born through surrogacy in India. The President said the issues were of “considerable public importance” and he wished to endorse the previous judgments of Mr Justice Hedley in other similar cases.

Parents Michelle and Paul (names changed) spoke to BBC Radio 4′s World at One today about their experiences of international surrogacy, and the problems with surrogacy law in the UK. Their legal case (in which we represented them successfully) was reported anonymously by the High Court last December (as Re L (a minor) 2010) and received national press coverage at the time. Michelle and Paul took the brave decision today to speak about their personal experiences, in order to highlight the difficulties they have faced.

Theresa Erickson, a high profile Californian attorney specialising in assisted reproduction law (self-styled online and in the media as ‘the surrogacy lawyer’) pleaded guilty last month to charges relating to her involvement in a baby selling scam. The case has sent shock waves through the US assisted reproduction law community, which is reeling at the disgrace of one of its best known members.

Cathleen Hachey’s first try as a surrogate mother took a heartbreaking turn when she was abandoned via text message last spring, 27 weeks into the pregnancy she’d initiated to help another couple start a family.
The young New Brunswick stay-at-home mom was carrying twins for a British couple. But three months before Hachey’s due date, the couple declared their marriage had ended and they would not be coming for the babies.

A single piece of paper held the key to their lives, their future, and now it was being questioned.
As the couple and their two children lined up to clear immigration at the New Delhi airport last Saturday, they handed their documents to the officer — Canadian passports for themselves and their daughter, an entry visa for their son.

The next few hours were a blur as immigration officers examined the paper while others bombarded the couple with questions. Why didn’t the boy have a passport? Why just an entry visa? Who was he? Who, indeed.

So many clients tell us that this is the question they are asked when they tell their friends – and even their fertility doctors – that they are considering surrogacy. Is it true? Are surrogacy arrangements in the UK very risky, with the surrogate mother holding all the cards and having an absolute right to keep the baby? Do those who embark on surrogacy arrangements frequently end up with the surrogate mother keeping the child in practice?

The High Court has made an unprecedented order awarding parenthood to a deceased father of a baby boy born through surrogacy in India. A couple, known only as Mr and Mrs A, entered into a surrogacy arrangement and their son was born in India on 12 April 2010. But Mr A tragically contracted liver cancer during the course of the proceedings and died, leaving the High Court to make a landmark decision to award parenthood to the mother and her deceased husband.