International Surrogacy Case Law
Legal Articles
LIFELONG WELFARE AS THE CENTRALCONSIDERATION
The applicants, a husband and wife, turned to international surrogacy in Russia after a long and arduous 16-year journey to…
LIMITS OF WELFARE (SURROGATE CONSENT)
The commissioning parents, A and B, entered into a surrogacy arrangement in India using B’s sperm and a donor egg,.…
MODERN WELFARE AND SAFEGUARDING ANALYSIS
The applicants, a male same-sex couple (A and B) living in the UK, sought to start a family through a…
PURPOSIVE CONSTRUCTION OF PROCEDURAL RULES
The commissioning parents, a married couple domiciled in the United Kingdom, entered into a surrogacy arrangement in India. The child,…
REVOCATION OF ADOPTION
The applicants, X and Y, were a same-sex couple who sought fertility treatment at St Bartholomew’s Hospital (the clinic). X…
DOCTRINE OF RECTIFICATION
The case involved a same-sex couple, X and Y, who underwent IVF treatment at a licensed clinic. Y, the gestational…
RECTIFICATION OF DOCUMENTATION
The case involved eight separate applications (Cases P through X) heard together due to their similar legal issues regarding assisted…
ADMINISTRATIVE INCOMPETENCE AND INTENT
The litigation arose following an audit by the Human Fertilisation and Embryology Authority (HFEA), which revealed that 46% of licensed…
PARENTAL AGE AND FUTURE PLANNING
The applicants, Mr and Mrs K, were both 72 years old and retired at the time of their application. Following…
LEGAL PARENTHOOD AND GENDER
The claimant, TT (Freddy McConnell), was registered as female at birth but transitioned to live in the male gender,. In…
ETHICS AND SAFEGUARDING GUIDANCE
The applicants, A and B, are a same-sex couple living in the UK who sought to start a family through…
JUDICAL REASONING AND ANALYSIS
The case originated from care proceedings brought by a local authority concerning five children (A, B, C, D, and E)…
NON-DISCRIMINATION (HUMAN RIGHTS)
The case concerned a child, Z, who was the biological son of the applicant father. Z was conceived using the…
PROTRACTED DELAY
The applicants, D (the biological father) and G (the commissioning mother), entered into gestational surrogacy agreements in California in 2006…
INELIGIBILITY OF SINGLE APPLICANTS
The case concerned a child, Z, born in 2014 in Minnesota, USA, via a surrogacy arrangement. The child was conceived…
DISPENSING WITH CONSENT
The applicants, AB and CD, are a British same-sex couple who entered into a surrogacy arrangement in India in 2011.…
STATUTORY TIME LIMITS
A British married couple, B and P, entered into a surrogacy arrangement in India using the father’s sperm and a…
SCRUTINY OF COMMERCIAL AGENCY FEES
The case concerned twin children born in California in July 2012 to two British men, MP and AH,,. The children…
AVOIDANCE OF A "LEGAL VACUUM"
The applicants, a husband and wife, had endured a 16-year journey to become parents, involving 15 unsuccessful IVF cycles across…
PROPORTIONALITY AND GOOD FAITH
The case involved a British couple, Mr. and Mrs. A, who, after years of unsuccessful fertility treatments in the UK…
WELFARE PARAMOUNTCY
The applicants, a married couple domiciled in England, entered into a commercial surrogacy arrangement in Illinois, USA. The agreement was…
EXTRATERRITORIALITY
The applicants, a married couple domiciled in England, entered into a surrogacy agreement in Ukraine. The surrogate, a married Ukrainian…
