Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Monday, June 6, 2011

Illegal Surrogacies in England and Wales?

From Mail Online:

Couples are being allowed to ‘buy’ babies from surrogate mothers even though they are breaking the law, a High Court judge has revealed.

Although surrogacy is legal in England and Wales, couples can only pay women carrying their child to cover ‘reasonable  expenses’ incurred during pregnancy, such as loss of earnings. 

Paying more, in a ‘commercial surrogacy’ arrangement, is illegal.

But Mr Justice Hedley, a specialist in family law, said he had granted parental orders to ‘intended parents’ who had paid women more than expenses to have their children.

He said that in certain cases, couples who had paid high fees should be allowed to keep the baby, to  prevent it being left ‘parentless  and stateless’.

The judge said that in the past few months he had granted four parental orders to such couples. His admission may be seen as a sign that childless couples who pay women vast sums of money to have their babies  need not fear prosecution.

Read more here.


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