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The regulation and recognition of surrogacy under English law: an overview of the case-law [2015] CFLQ 83

Date:2 MAR 2015
Keywords: Surrogacy – international surrogacy – parental orders

This commentary presents an overview of the recent English case-law on recognition and regulation of surrogacy, particularly as it relates to the issue of international surrogacy arrangements. It demonstrates that when deciding whether to authorise a surrogacy arrangement, there is often a conflict between the enforcement of statutory provisions, and the welfare of the child who will bear the burden of any refusal to grant a parental order. As a result, courts have been forced to interpret the legislation in an innovative manner in order to achieve justice for the child.
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