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Disputes with surrogates

Those considering surrogacy often worry about surrogacy agreements not being binding, and fear what might happen if the surrogate did not hand over the baby at birth.  Equally many surrogates fear that the intended parents will not assume responsibility for their child. In fact, serious disputes of this kind between parents and surrogates are very rare. There have been only three UK reported cases dealing with UK surrogacy arrangements in which the surrogate has not handed the baby over at...

Children disputes between parents through surrogacy

Parents who have obtained a UK parental order will be recognised as joint legal parents of their child by UK law and will share parental responsibility. If they separate, they should be treated in exactly the same way as any other natural or adoptive parents.  In the case of G v G (2011) a father through surrogacy (who wished to enhance his own position in a separation) attempted to have a parental order overturned on the basis of procedural irregularities and the fact that his wife ha...

Mediation in fertility law cases (The Review, April 2014)

Richard's article, published in The Review (journal for family lawyers) in April 2014, discusses the ways in which mediation can be used to resolve disputes involving modern families, including same-sex parents, surrogacy disputes and known donation disputes.

Alternative family structures and relationship breakdown (The Review, Oct 2013)

Richard's article, published in The Review (journal for family lawyers) in October 2013, looks at how fertility law affects things for couples breaking up, including parenthood issues for parents through donation and surrogacy, same-sex parents and embryo disputes

Your surrogate will end up keeping the baby, won't she? (INUK magazine, Winter 2011)

Many people think that surrogacy arrangements often break down, with the surrogate keeping the baby. Natalie’s article, published in charity Infertility Network UK’s magazine for fertility patients dispels the myth and explains how UK law really works

Surrogacy, parenthood and disputes (Bionews, Feb 2011)

Re TT (a minor) was the first disputed surrogacy case published in the UK in which a surrogate mother kept the baby. This article, published in Bionews in February 2011, discusses the case and its implications.

H v S (Surrogacy Agreement) (2015) - surrogacy dispute, transfer of residence to gay fathers

The High Court ordered a 15 month old girl to live with her biological father and his partner after finding that the birth mother had deceived them about her intentions to hand over the child and then launched a determined campaign to exclude them from the baby's life

Court form - C100 application for a child arrangements order

This is the form you use to apply to court for a child arrangements order. This might be used in disputed situations or as a means of acquiring parental responsibility where everyone agrees.

Re X (a child) (surrogacy: time limit) 2014 - six month deadline, India, separation, divorce

The High Court extended the 6 month deadline for applying for a parental order for a UK couple with a child through surrogacy in India

JP v LP (2014) - parents through surrogacy separated, court could not alter parenthood

A mother and father through surrogacy separated shortly after the birth and missed the deadline to apply for a parental order. The court was unable to resolve their legal status, leaving the child a ward of the court and leaving the surrogate as the legal mother.

Re TT (2011) - UK surrogacy, residence dispute, care awarded to surrogacy who kept the baby

A UK traditional surrogate mother changed her mind and decided to keep the baby. The intended parents applied to the family court for a residence order (an order that the child should live with them) which the court refused. In this case, the court decided that the child should stay with the birth mother, who offered the best care.

G v G (2011) - parents separated after surrogacy, husband failed to have parental order overturned

A father who had been granted a parental order sought to have the order overturned, arguing that there were procedural irregularities and his wife had deceived him about her intent to leave him. The order was refused, as a parental order is permanent once made.

Re N (2007) also reported as Re P (2007) - residence dispute, parents given care after surrogate kept the baby

A UK traditional surrogate mother feigned a miscarriage, and the intended parents, who discovered she had given birth to a little boy, applied to the family court for a residence order (an order that the boy should live with them). The court transferred care to the intended parents, because this was deemed to be in the child's best interests in this case.