Purposive or problematic: surrogacy, the interplay with the paramountcy principle and the case for legislative reform

Joe Ferguson, Associate Solicitor, Myerson Solicitors

Family law practitioners are often accused of having desert island syndrome, failing to consider the wider context of the law and seeking “special treatment” for family law cases. More broadly, judges have been accused of politicisation in recent years, in spite of the principles of independence and impartiality which form part of our constitutional framework. It is in this context that family court judges, up and down the country, must make decisions centred on a child's welfare. However, this focus can create tensions, resulting in interpretations of the law that may extend beyond what Parliament originally intended. In this article, author Joe Ferguson, family lawyer at Myerson, analyses the Human Fertility and Embryology Act 2008 and whether the provisions of the same are fit for purpose in an increasingly global (and complex) world. 

The full article has published in the October issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

Read the full article here.