Listen to Natalie Gamble (a solicitor and the director of NGA law) and Andrew Powell (a barrister at 4PB) consider the current law in respect of surrogacy before the law commission releases their final report due in Spring 2023. 

This is a wide-ranging discussion about the principles behind surrogacy, surrogates consent, and commercial surrogacy.  This is a really helpful episode if you have a client approach you about obtaining a parental order in respect of their child.  We discuss reading down the legislation to make it compatible with the Human Rights Act 1998, and the concern about the impact on individual’s rights in this field if they did not have recourse to invite the Court to make a Declaration of Incompatibility. 

During this discussion, Natalie and Andrew refer to: 

Re X (A Child) (Surrogacy: Time limit) [2014] EWHC 3135 (Fam) - where the High Court read down the legislation to permit a parental order to be made after the 6 month time limit has expired.

Re Z (A Child) (No 2)https://www.bailii.org/ew/cases/EWHC/Fam/2016/1191.html - where the Court made a Declaration of Incompatabilty in respect of the statute at that time which required two applicants for a parental order; this has since been amended.

Re X [2020] EWFC 39 - https://www.bailii.org/ew/cases/EWFC/HCJ/2020/39.html - where the High Court read down the legislation to permit a parental order to be made where the male applicant tragically died during his wife’s pregnancy;

Natalie also talks about the research conducted by Brilliant Beginnings and University of Cambridge into why people looking for a surrogate often go abroad, which can be found here - https://brilliantbeginnings.co.uk/education-and-awareness/.  Natalie invites the listener to get involved with the campaign for law reform in this area at - Surrogacy law reform brilliantbeginnings.co.uk

If you would like to buy Andrew’s book ‘The law in relation to surrogacy’. The book is available to buy from Amazon; https://www.amazon.co.uk/Practical-Guide-Law-Relation-Surrogacy/dp/1912687496