Surrogacy: Legal Disputes and Problems

It is unusual for a surrogacy arrangement to fall into dispute or for a problem to arise as they are usually entered into with a great deal of care and consideration by intended parents and surrogate mothers alike.

In the rare event that a dispute or problem does occur, intended parents (or the surrogate parents) can apply to the English court for a range of court orders to secure care and legal status for the child.  The court will carefully consider the situation and make a fact based decision in the best interests of the child.

Surrogacy dispute cases

There have only been a handful of  published court cases in the UK dealing with disputes between a surrogate mother and intended parents and other legal problems.

In the Matter of N (a child) 2007, the surrogate parents sought to retain the child (who was eighteen months old by the time of the trial) and the intended parents were awarded care of the child by the English court.

Re TT (Surrogacy) 2011, the surrogate mother was awarded care of the child by the English court against a heavily contested and complex set of background circumstances and represents a difficult fact-specific decision in the child’s best interests.

A and A v P, P and B 2011, where the court awarded a parental order notwithstanding the death of the intended father during the course of the court proceedings.

How we can help

We have leading expertise in handling complex and cutting-edge surrogacy, parenting and children cases in the UK. We can:

• Advise you about your legal status in relation to a surrogate born child
• Advise on acquisition of legal status for a surrogate born child (eg if you are an intended parent) following a dispute or problem
• Represent you in court proceedings to acquire legal status for a surrogate born child (including intended parents or surrogate parents)

If you would like to discuss your situation in more detail or you require help with a potential or actual surrogacy dispute, including representation in court, please contact us by email fertilityandparenting@porterdodson.co.uk or by telephone +44 (0)207 222 1244.