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Feminism: Sex and gender discussions

Surrogacy deal is overturned in first UK case of its kind

60 replies

Helleofabore · 28/02/2023 11:23

I caught this recently and thought it was an interesting article to post here in relation to surrogacy and how even altruistic arrangements go badly badly wrong. Particularly in light of how in a New York election, 'fertility equality' was being platformed.

digitaleditions.telegraph.co.uk/data/1258/reader/reader.html?#!preferred/0/package/1258/pub/1258/page/36/article/NaN

If you post this link into archive ph it will take you to it.

However, I have included an image too.

"A SURROGACY arrangement has been overturned more than two years after the baby was born in what is thought to be the first UK court ruling of its kind."

"The baby boy was born in September 2020 and taken into the care of the intended parents, a married couple."

"The surrogate mother, who is British and who knew the couple well, agreed to carry out the procedure using her own egg on the understanding that she would have regular contact with the child."

and

"But the arrangement collapsed when the intended parents broke their promise of letting the surrogate mother have contact with the baby as they did not want her involved in the child’s life."

There are a few issues that are highlighted here. Not just how women are exploited for their body's capabilities, but also the issue of 'consent'. This woman only agreed to do this for the couple under one condition. After this couple got their baby, which was this woman's own egg as well so she is the biological mother of this child, they decided that her consent could be ignored now that the 'deed was done'.

If this couple were not prepared to deal with whatever happened to the relationship with this woman to enable them to fulfil their obligations as agreed, they should never have entered this agreement at all.

The other issue that I thought is interesting is this:

"The ruling comes as surrogacy laws in the UK are set to change, and Ms Bazley said the case could influence the reforms. The Law Commission is due to publish a draft Bill within months."

Something to watch out for.

Surrogacy deal is overturned in first UK case of its kind
OP posts:
Ereshkigalangcleg · 28/02/2023 12:19

Thanks Ali85, that makes sense.

Ali85 · 28/02/2023 12:14

whoops wrong quote. Meant to quote Ereshkigalangcleg

Ali85 · 28/02/2023 12:14

Ali85 · 28/02/2023 12:02

The commissioning parents had a lives with child arrangements order so the child is living with them and they will have PR through that (the genetic father may well have it through registration on teh birth certificate anyway). The surrogate mother will also have PR as she is still the legal mother.

The court can do that but the problem was that the surrogate mother has to give her free, unconditional consent before parenthood can be transferred. She wasn't really happy to do that (although she had said she was under pressure at one point) becasue she only wanted to consent on the condition that the order giving her contact was made.

sakuramiyagi · 28/02/2023 12:14

@DysonSpheres That's a different case. In the DailyFail article, the child was carried by a surrogate using the an IVF embryo created by the mother and father. Both babies in the picture are full siblings.

DysonSpheres · 28/02/2023 12:06

It is the same as this one in the Daily Mail earlier last week?

www.dailymail.co.uk/femail/article-11767071/This-couples-baby-boys-born-five-months-apart-prompting-questions-modern-day-surrogacy.html

Ereshkigalangcleg · 28/02/2023 12:04

Me too. Maybe it would have been better for the court to simply impose access to the child by the mother on the couple, as with a biological father after divorce where custody is contested. But perhaps the legal framework doesn't allow that in this case. I do agree that the surrogate mother (the child's biological mother in every sense) should have rights.

Ali85 · 28/02/2023 12:02

But no that is not the ideal situation

Ali85 · 28/02/2023 12:02

The commissioning parents had a lives with child arrangements order so the child is living with them and they will have PR through that (the genetic father may well have it through registration on teh birth certificate anyway). The surrogate mother will also have PR as she is still the legal mother.

RoseslnTheHospital · 28/02/2023 11:58

There's a whole heap of issues within this one case. After reading the article I'm left wondering who has care and parental responsibility of the child, as the mother didn't want the parental order overturned, just to spend more time with the child and for the child to know that she was the child's mother.

Ali85 · 28/02/2023 11:53

Thanks for this. The case is here if people are interested www.bailii.org/ew/cases/EWCA/Civ/2023/16.html

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