This case involving the breakdown of a surrogacy arrangement raises many questions.
Family Law Week: H (A Child - Surrogacy Breakdown) [2017] EWCA Civ 1798
https://www.familylawweek.co.uk/site.aspx?i=ed183038
In this case, due to the breakdown of relationship, the surrogate mother gave birth (I calculate at least one maybe two months early) without notifying the Commissioning Parents, and were home, with the baby, registered in their name, before the CPs found out or were notified of the birth.
If the Law Commissioners' proposals to make commissioning parents the legal parents from birth go ahead where will this leave the NHS in such a case? A legal duty to notify the CPs - who will be the legal parents - of the birth? (Assuming the hospital had prior knowledge that this was a surrogacy arrangement). Forced to let the CPs attend the baby in NICU and keep the surrogate mother from the baby she has just given birth to? Taking the baby from the surrogate mother and handing it over to the CPs against her will?
What about the surrogate mother's right to confidentiality and privacy if she insists she does not want them to be notified? Yet this was a sick baby - if the CPs were the legal parents they would need to be notified in order to agree to medical treatment for the baby.
Whichever way the hospital acted I suspect a complaint and a legal case would be likely to follow.
Seriously, midwives and women interested in acting as surrogate mothers who think surrogacy is a lovely fluffy thing are in for a nasty shock when they find themselves in the midst of a case like this. And hospitals will have to spend huge amounts on solicitors sorting things out.
It’s just not what the NHS was/is set up for. I think there are potentially massive problems to come.