Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

Regulating International Surrogacy, ‘The Elephant in the Room’: Some Reflections on reform from a UK Study

Dec 7, 2018, 10:35 AM
International Surrogacy - Commercial Surrogacy - Parental Orders - Reasonable Expenses - Intended parents - Regulation
The UK legislative framework within which surrogacy is situated is a post-event framework where the legal structures act to regulate the family after the child has been born.
Slug : regulating-international-surrogacy-the-elephant-in-the-room-some-reflections-on-reform-from-a-uk-study
Meta Title : Regulating International Surrogacy, ‘The Elephant in the Room’: Some Reflections on reform from a UK Study
Meta Keywords : International Surrogacy - Commercial Surrogacy - Parental Orders - Reasonable Expenses - Intended parents - Regulation
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 19, 2018, 09:37 AM
Article ID : 117515
Dr Rita D'Alton-Harrison, University of London

Keywords: 
International Surrogacy - Commercial Surrogacy - Parental Orders - Reasonable Expenses - Intended parents - Regulation


The full version of this article will appear in Child and Family Law Quarterly, Vol 31, No 1

Find out more or request a free 1-week trial of Child and Family Law Quarterly. Please quote: 100482.




The UK legislative framework within which surrogacy is situated is a post-event framework where the legal structures act to regulate the family after the child has been born. Yet, even pre-event frameworks have been criticised with the UN Rapporteur denouncing international surrogacy involving commercial payments within pre-birth agreements as child trafficking. Arguments that international surrogacy arrangements (ISAs) are more complex to regulate than domestic surrogacy arrangements are given credence by the fact that there are competing legal structures to navigate in the form of differing national laws on family and immigration matters. Yet without regulation, it is arguable that the practice may become subject to the black market where the risks of exploitation and harm increase. This article will consider the findings from empirical research analysing a sample of ISA parental order case files involving UK couples, to consider what lessons can be drawn from these couples’ experiences as the Law Commissions begin their work to consider the efficacy of the UK’s present laws on surrogacy as part of the 13th programme of reform.


This article has been accepted for publication in Child and Family Law Quarterly in Issue 1, Vol 31, Year 2019. The final published version of this article will be published and made publicly available here 24 months after its publication date, under a CC-BY-NC licence.





Categories :
  • Articles
  • CFLQ
Tags :
Family_law_cflq
Authors
Provider :
Product Bucket : Family Law (General)
Recommend These Products
Related Articles
Load more comments
Comment by from