Surrogacy Flashcards
Are surrogacy agreements valid in the UK?
No.
What can commissioning parents do to get the kid?
- Apply for a Parental Order: S54 HFEA 2008
2. Adopt the child
For a Parental Order, who can apply?
Commissioning parents who are married/in an ‘enduring family r/s’: S54(2) HFEA 2008
For a Parental Order, what are the conditions?
- Apply within 6 months of birth of the child: S54(3) HFEA 2008
- At the time of application, child must be living with applicants: S54(4)(a) HFEA 2008
- Applicants living in UK: S54(4)(b) HFEA 2008
For a Parental Order, what are the conditions on the surrogates?
They must have full understanding of what a Parental Order entails and agree unconditionally to the order: S54(6) HFEA 2008
No money/benefit can be given by commissioning parents for surrogate to agree to a Parental Order being made
Re X and Y (Foreign Surrogacy)
Hedley J:
1. Was the sum paid disproportionate to reasonable expenses?
- Were applicants acting in good faith with surrogate?
- Were applicants party to any attempt to defraud the authorities?
Live together for almost 2 years + Have a loving r/s with common intent to raise children = ‘enduring family r/s’
(Court appointed a Parental Order reporter)
Re F and M (Thai Surrogacy)
‘Only two people – a couple – can apply for a parental order’
Re Z (HFEA: Parental Order)
Courts can be flexible if application for Parental Order is made beyond 6 months
(Surrogacy in India, commissioning parents unaware of need to apply for PO)
(President Munby: Each case will be considered on its own facts)
Re X (A Child Surrogacy: Time Limit)
For adoption, what are the conditions?
- Only a local authority or authorised adoption agency may place a child for adoption
- Can be placed with a relative: S97 Adoption and Children Act 2002
Moving child from adopters to blood relatives would have been more distressing
Re W
1. No meaningful r/s with blood relatives, had a life w adopters after 2 years
- Decisions re contact with bio F left to adoptive parents
