Natalie Gamble Associates

Surrogacy court cases

Most surrogacy cases are heard by the court privately, but when the court is making new law or wants to clarify a particularly complex issue, it can publish its decision (without identifying the parties) to give guidance for future decisions. 

The following are recent leading surrogacy cases heard in the English High Court*:

 

International surrogacy cases

J v G (2013) - the UK court authorised a significant payment for international surrogacy - $56,750 plus expenses - after setting out the exceptional circumstances justifying the payment.  The court also sent a public warning about the need for a parental order, and commented on the restrictions for UK surrogacy agencies  (we acted for the parents in this case)

Re A and B (surrogacy domicile) 2013 - a non-British gay couple were awarded parenthood, with the court setting the principles that apply for parents settling in the UK to acquire a UK domicile (we acted for the parents in this case)

Re D and L (surrogacy) 2012 - a UK gay couple was awarded a parental order without their Indian surrogate's consent, after she disappeared (we acted for the parents on this case)

Z v C (2011) - Israeli parents who had recently settled in the UK satisfied the court that they were 'domiciled' in the UK in order to obtain a parental order

Re IJ (a child) (2011) - resolved legal difficulties following a British couple who entered into a Ukrainian surrogacy arrangement, with Mr Justice Hedley warning of the pitfalls of foreign surrogacy (we acted for the parents in this case)

Re L (a minor) 2010 - awarded parenthood to a British couple who had a baby through surrogacy in Illinois, USA, making the landmark principle that the court must make the child's welfare its paramount consideration (we acted for the parents in this case)

Re X and Y (foreign surrogacy) 2008 – the first UK case to award parenthood to a British couple who conceived through an international commercial surrogacy arrangement (we acted for the parents in this case)

Re G (surrogacy: foreign domicile) 2007 – problems experienced by a Turkish couple who conceived with a UK surrogate mother, who were not domiciled in the UK and so not eligible to apply for a parental order

 

Cases where the surrogate has tried to keep the baby

CW v NT 2011 - care awarded to a surrogate mother who had retained care of a baby from birth

In the matter of N (a child) 2007 – care awarded to intended parents after surrogate mother wanted to keep the child


* Case transcripts reproduced by kind permission of Westlaw UK